Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3985 of 2019 Applicant :- Smt. Shyam Kumari @ Raj Kumari Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 13.9.2017 (after about five months of the incident) against Omendra, Prabhu Dayal, Smt. Shyam Kumari, Dharmendra Singh and Ganga Devi alleging that marriage of Indrawati(daughter of first informant) was solmnized with Omendra Singh about five years of the incident and on 20/21.4.2017 they killed her for non- fulfilment of demand of dowry and disposed of her body.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law and languishing in jail since 3.12.2018(about two months) having no criminal history. She has been falsely implicated. Co-accused Prabhu Dayal has already been granted bail by coordinate Bench of this Court vide order dated 16.8.2018 passed in Criminal Misc. Bail Application No.30802 of 2018 (Bail order is annexed as annexure 7 to the bail application), applicant's case is identical to him and she is also entitled to bail on the ground of parity. FIR was lodged after five months from the date of the incident with due legal consultation and after thought. There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and her case is identical to aforesaid co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Smt. Shyam Kumari @ Raj Kumari involved in Case Crime No.526 of 2017, under Section 498-A, 304-B, 201 IPC and 3/4 of D.P. Act, Police Station Sahaswan, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 P.P.