Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51576 of 2019 Applicant :- Smt. Vimla @ Meera Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Prakash Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Prakash Upadhyay, learned counsel for the applicant and Sri B.A. Kha, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 337 of 2019, under Sections 498-A, 304b, 201 I.P.C. & Section 3/4 D.P. Act, Police Station Malpura, District Agra during the pendency of trial.
Learned counsel for the applicant contends that the deceased died due to accidental burn injuries as in her dying declaration she has stated that while she was cooking food on gas, her Sari caught fire. She has further stated that she had good relation with her mother-in-law and other in-laws of the family and none of them have set her on fire, the said fire was accidental. It is further argued that victim was got admitted by the husband himself which is evident from the paper annexed at page 29 of the paper book and the other papers relating to her treatment are on record. It is further argued that applicant has been falsely implicated by mother of of the deceased making false allegation of demand of dowry for non fulfilment of which it is stated that she has killed the deceased. No such demand was ever made. Applicant has no previous criminal history. The applicant is languishing in jail since 29.9.2019. If she is released on bail, he would not misuse the liberty.
Learned A.G.A. has opposed the prayer of bail although he has pointed out that victim had got burn injuries to the extent of 90% which resulted in her death and in post mortem report, cause of death is recorded as ante-mortem injuries.
In view of above arguments, looking to the fact that applicant had taken victim to hospital and got admitted and in dying declaration nothing against applicant has been stated by the her, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Smt. Vimla @ Meera involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A.P. Pandey