Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8275 of 2019 Applicant :- Vimla Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi,Rakesh Singh Yadava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri U.N. Singh Kushwaha, Advocate submits that he has filed vakalatnama on behalf of first informant today in Registry, which is not on record.
Office is directed to trace out the same and place it on record.
Heard learned counsel for applicant, Sri U.N. Singh Kushwaha, learned counsel for first informant, 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 as per averments made in F.I.R. after marriage of his daughter with Vinod Kumar Yadav on 11.5.2017, her husband always pressurized her with demand of Rs.2,00,000/- for opening a medical store and used to commit marpeet with her and treated her with cruelty and for the alleged demand of dowry and her mother was also involved and several panchayats also taken place; that as per postmortem report deceased died due to asphyxia as a result of ante mortem hanging; that no specific role has been assigned to applicant regarding demand of dowry or treating 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.2,00,000/- allegedly demanded, as dowry; that following dispute between husband and wife, deceased appears to have committed suicide; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 18.1.2019.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment 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 applicant Vimla Devi be released on bail in Case Crime No.309 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Chandauli, District Chandauli on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 27.2.2019 Tamang