Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38226 of 2019 Applicant :- Ujma Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application moved for grant of anticipatory bail moved under Section 438 Cr.P.C. by Ujma, in Case Crime No.
174 of 2019, under Sections 498-A and 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Nagal, District Saharanpur.
Learned counsel for the applicant argued that applicant is innocent. She is sister-in-law and a crippled lady with 40 per cent of deformity. She is of no concern with alleged demand of dowry or cruelty soon before the death. Marriage was four years old. Husband is already in jail. It is being further argued that he is demanding anticipatory bail only not a regular bail. Hence, this anticipatory bail application.
Sri Avanish Pratap Singh, learned counsel for the informant as well as learned A.G.A. opposed the prayer for anticipatory bail application.
From the very perusal of First Information Report, it is apparent that it was got lodge d by informant Sajid against husband Meharban, mother-in-law Naseema and sister-in-law Ujma with contention of demand of dowry and cruelty regarding it. Death under unnatural circumstances, within seven years of marriage, at nuptial house coupled with persistent demand of dowry and cruelty with regard to it, against accused persons is there. Considering the nature and gravity of accusation, it is not a fit case for grant of anticipatory bail.
In view of aforesaid, the application for anticipatory bail is, accordingly, rejected.
Order Date :- 26.9.2019 Kamarjahan