Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22684 of 2019 Applicant :- Virendi @ Devendri Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Akhilesh Srivastava and Sri Saksham Srivastava, Advocate have filed jointly vakalatnama on behalf of the complainant be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There are two sons of the applicant. The deceased was married with Ajeet (younger son of the applicant) and the marriage was solemnized in the year 2009. There are two children from the wedlock of the deceased and her husband. The applicant is a widow lady. After dividing the property in between both sons, the applicant was residing in her Mayka for about eight months. The applicant is not beneficiary of alleged demand of dowry. She has falsely been implicated in the present case due to being mother-in-law of the deceased. There is no eye witness of the alleged incident. The FIR of the alleged incident was lodged against five persons including the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 7.2.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the incident has taken place in the village of maternal uncle of husband of the deceased. According the postmortem report one contusion has been found over right costal margin of the deceased and her 6th, 7th, 8th and 9th rib of right side has been found fractured. The cause of death of the deceased has been shown hemorrhage and shock as a result of ante-mortem injury. The viscera was preserved but there is no viscera report on record. It has further been submitted that the applicant and other co-accused called the deceased at the house of maternal uncle of husband of the deceased where they have committed the murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Virendi @ Devendri involved in Case Crime No. 726 of 2018, under Sections 498A, 302, 120-B IPC P.S. Tappal, District Aligarh 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.5.2019 A.