Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35749 of 2021 Applicant :- Smt. Vimlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Gautam,Shiv Vilas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 297 of 2021 under Sections 498-A 323, 504, 506, 304B IPC and Section 3/4 Dowry Prohibition Act, police station Hapur City, District Hapur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and she has not committed any offence. Applicant is mother-in-law of deceased. The marriage of deceased with son of applicant has taken place in the year 2016 and out of that marriage, they have two children. After the marriage, during period of five years, there has been no complaint of dowry demand or harassment of deceased. It was stated that in fact deceased and the son of applicant have performed love marriage and there was no question of any dowry demand. In postmortem report except ligature mark, no other injury has been shown on the body of deceased and cause of death has been shown antemortem hanging. Only general allegations of dowry demand and harassment have been levelled against all the accused persons including applicant . No specific role has been assigned to applicant. It has been further submitted that applicant is a lady and now she is in judicial custody since 28.07.2021, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Vimlesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak