This judgment grants bail to Smt. Dhanesara accused in a murder case under sections 302 and 498-A IPC. The court found contradictions in dying declarations, noted lack of independent evidence, and released her on bond with conditions.
Release on bail with personal bond and two sureties subject to conditions preventing tampering and intimidation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12794 of 2019
Applicant :- Smt. Dhanesara Opposite Party :- State Of U.P. Counsel for Applicant :- Vipin Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Ramlochan, Dhanesara, Mamta Devi and Munku alleging that the marriage of deceased Sarita was solemnized with Ramlochan before 15 years and on 21/22.4.2016 they killed Sarita by setting her on fire pouring kerosene oil. Four dying declaration was recorded on 22.4.2016 and 23.4.2016, in two dying declaration, she stated general role against all accused; in one specific role against sisterin-law (nanad) and mother-in-law and in one specific role against sister-in-law(nanad) and father-in-law.
It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There are major contradictions in dying declarations. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 28.4.2016 (more than one year and eleven months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Dhanesara involved in Case Crime No. 292 of 2016, under Sections 302, 498-A IPC, P.S.
Rampur, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.3.2019 A. Singh
1 issue framed by the court
Whether bail should be granted to the applicant accused under sections 302 and 498-A IPC.
Smt. Dhanesara
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
