Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8541 of 2019 Applicant :- Shodara Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.,A.K.S.Bais
Hon'ble Karuna Nand Bajpayee,J.
List revised. The applicant's counsel is present. Counsel for opposite party Sri A.K.S. Bais is not present. Learned AGA representing the State is present.
Connected file Crl. Misc. Bail Application No. 15248 of 2019 is being sent back to the office to be listed again.
Perused the record.
Submission of the counsel is that the applicant is mother-in-law of the deceased and husband has also been made accused in the case on the allegation of demanding the dowry and causing the death. Submission is that the postmortem report shows death due to throttling but the body of the deceased does not show very extensive injuries on her body which may affirm participation of many persons in causing her death. Further submission is that death took place within a short period of marriage. The entire family have been implicated after ire and vengeance. The applicant being a woman and mother-in-law, her case appears to be distinguishable with that of the husband who not only had the responsibility to ensure the welfare of his wife but who also shares major onus to explain her unnatural death. It is also pointed out that the body was found in a cot in her room which also adds to the probability of the husband being a chief accomplice in the crime. After considering all the circumstances of the case and keeping in perspective that the applicant is a woman, her case appears to be distinguishable with that of husband and she is entitled to be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history and she is in jail since 29.11.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and also keeping in perspective that the case of applicant being mother-in-law is distinguishable, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Shodara, W/o Rajkumar involved in Case Crime No. 798 of 2018 u/s 498-A, 304 B IPC and 3/4 Dowry Prohibition Act, P.S.- Devband, District-Saharapur. be released on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.7.2019 SKS