Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15512 of 2018 Applicant :- Soni alias Sohni Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Radhey Shyam Shukla & Sri Vipul Shukla, learned counsels for the applicant, Sri Anurag Kumar Pandey appearing for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.2910 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Roza, District Shahjahanpur, with the prayer to release her on bail.
Submission of learned counsel for the applicant is that the applicant is mother-in-law of the deceased. The marriage of her son was solemnized with the deceased about four years back and two children were born from the wedlock. The first informant has maliciously implicated all the male and female members of his son-in-law. Learned counsel for the applicant has drawn attention of the Court to para-23 of the affidavit, in which it is averred that some heated arguments took place between the deceased and her husband on account of which, she consumed some poisonous substance. No ante-mortem injury has been noted in the postmortem report. It is further submitted that the applicant is languishing in jail since 13.2.2018.
Per contra, learned counsel for the informant vehemently opposed the bail and submitted that viscera report has not yet been received and there are allegations against the applicant regarding demand of dowry.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Soni alias Sohni, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.4.2018/Hasnain