Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30357 of 2019 Applicant :- Smt. Shiv Pyari Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that general and vague allegations have been made against the applicant, who is the mother-in-law of the deceased. The record itself shows that the applicant being a poor lady cannot raise any demand of dowry as described in the first information report. It can be said that there was some dispute/controversy between the wife and the husband due to which the deceased (Daughter in law) of the applicant committed suicide; but that alone would not be conclusive proof that the applicant being the mother-in-law raised any demand of dowry. Neither any specific allegation has been made against the applicant in the FIR nor in the statement of the witnesses any specific allegation made. Similar circumstanced co-accused Ramdas, who is the father-in- law of the deceased, has been admitted to bail by this court in criminal misc. bail application no.26124 of 2019 on 2.7.2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 4.3.2019.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Smt. Shiv Pyari involved in Case Crime No. 93 of 2018, under Sections 498-A,304-B I.P.C. and section 3/4 of D.P. Act Police Station Jaspura, District Banda be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2019 N.A.