Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11594 of 2018 Applicant :- Smt. Tarawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Kunwar Bhaskar Parihar,Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Vikas Sharam, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Smt. Tarawati in Case Crime No. 282 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, P.S. Ghazipur, District Fatehpur.
The submission of the learned counsel for the applicant is that the applicant is the mother-in-law; that the allegations are general in nature against the entire family members with no specific role being assigned to the applicant; that the cause and circumstances of the suicide are detailed in paragraph 15 of the affidavit that are self-explanatory; that the applicant is living separately of the deceased and her husband as asserted in paragraph 16 of the affidavit; that the cause of death is asphyxia as a result of ante mortem hanging; and, that the applicant who is a respectable woman with no criminal history is in jail since 11.02.2018.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, he does not dispute the fact that allegations are general in nature.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Tarawati involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
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.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 30.3.2018 Imroz