Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49031 of 2017 Applicant :- Usha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit on behalf of the State and Rejoinder affidavit filed today are taken on record.
Heard Sri Shailendra Kumar Rai, learned counsel for the applicant and Sri Saqib Meezan, learned AGA for the State.
This is an application for bail on behalf of Usha Devi in Case Crime No. 182 of 2017, under Sections 498A, 304B, 201, 504, 506, 315 IPC and 3/4 of D.P. Act, P.S. Atarra, District Banda.
The submission of the learned counsel for the applicant is that she is the sister-in-law (Jethani) of the deceased Kaushalya, about whom it is said by the first informant that she was done to death by her in-laws in connection with demand of dowry within seven years of marriage; that there is no specific role assigned to the applicant; that first information report alleges that the dead body of the victim was found by the side of the railway tracks; that according to the applicant the deceased committed suicide on account of issues with her husband where the applicant has no concern; that the applicant lives separately of the deceased and her husband as asserted in paragraph 10 of the affidavit; that so far as the applicant is concerned she was in no way to benefit from any demand of dowry; that it has been asserted in paragraph 13 of the affidavit that in fact there was no harassment or torture to the deceased by her in-laws in connection with demand of dowry; and, that the applicant is a respectable woman, who is in jail since 11.08.2017.
The learned AGA has opposed the prayer for bail with the submission that there is an allegation that it was on account of questionable relations between the applicant and the husband of the deceased, that in reply, learned counsel for the applicant says that the said mention in the FIR is no more than a figment of informant's imagination. It has further been submitted 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.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the relationship of the applicant to the deceased who is a sister-in-law (Jethani) but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Usha Devi 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 :- 22.2.2018 Imroz