Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29607 of 2019 Applicant :- Smt. Usha Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish,Shri Satish Trivedi Senior Adv.
Counsel for Opposite Party :- G.A.,Amit Daga
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Ajay Kumar Jagdish and Sri A.K. Pandey, learned counsel for the applicant, Sri Amit Daga, learned counsel for the complainant, learned A.G.A. for the State and perused the material brought on record.
Learned counsel for the applicant has submitted that in this case, the applicant has not played any major role. There is no specific allegation that he ever indulged in committing any such offence as alleged. The suicide note was sent for forensic examination, whereupon a report has been obtained that this forensic note is in the handwriting of the deceased and as per the description in the suicidal note, things are obvious and apparent that no offence has been committed by the applicant as such. Besides, the applicant has case of separate living and on the same ground, the husband of the applicant and father-in-law of the deceased has been admitted to bail in Criminal Misc. Bail Application No. 22596 of 2019 (Rakesh Sharma vs. State of U.P.). Case of the present applicant stands on different footing to that of the husband of the deceased. Applicant has no criminal history. She is a law abiding citizen and in case, she is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. She is languishing in jail since 26.5.2019.
Per contra, Sri Amit Daga, learned counsel for the complainant has vehemently opposed the prayer for bail and submitted that the applicant being mother-in-law holds the key position in such cases of dowry death and she should not be treated to be ordinary culprit but prime accused and her position becomes paramount and is equivalent to that of the position of the husband of the deceased. However, he has not disputed grant of bail to the father-in-law of the deceased and the husband of the applicant. Allegations against the father-in-law are similar to that of the applicant.
Learned A.G.A. has adopted contention of the learned counsel for the complainant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Smt. Usha involved in Case Crime No. 156 of 2019, under Sections - 498A, 304B, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Sadar Bazaar, District - Saharanpur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.7.2019 S Rawat