Sri Rajendra Kumar Srivastava, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. There is no direct evidence against the applicant. In the postmortem report, the cause of death of the deceased has been found asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of the husband of the deceased. The co accused Munna Lal @ Shyam Saran, father -in-law of the deceased, has already been granted bail by this court vide order dated 20.11.2019 in Cr. Misc. Bail Application No. 48356 of 2019, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 16.9.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased died an unnatural death within 2 and 1/2 years of her marriage. She was harassed and tortured due to non fulfilment of the demand of dowry by the applicant and other co -accused, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Smt. Sunita Devi @ Anegshri @ Nirmla Devi involved in Case Crime No.0092 of 2019, under Section 498-A, 304-B, 323 IPC and 3/4 D.P.Act, Police Station Linepar District Firozabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.11.2019 Gss