Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7954 of 2019 Applicant :- Smt Vidhyawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that no specific role has been assigned to applicant regarding demand of dowry or treating the deceased with cruelty for non fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of Rs.1,00,000/- allegedly demanded, as dowry; that in post mortem report, cause of death could not be ascertained and according to F.S.L. report aluminium phospate was found in the body of deceased; that it is wrong to say that applicant made any demand of dowry or treated the deceased with cruelty or administered any poisonous substance to deceased; that case of applicant is distinguishable from husband; that co-accused Satyapal has been granted bail by this Court vide order dated 22.2.2019 passed in Criminal Misc. Bail Application No.7887 of 2019, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 12.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt Vidhyawati be released on bail in Case Crime No.781 of 2018, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, P.S.Chandpur, District Bijnor on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.2.2019 Tamang