This bail application by Ramwati, charged in a dowry death case, was allowed by the Court. The Court observed her lack of criminal history and the factual dispute regarding her implication, deeming it a fit case for bail with standard conditions.
Bail granted on personal bond and two sureties subject to conditions including no tampering with evidence or witnesses.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15464 of 2019
Applicant :- Ramwati Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against two accused persons namely, Dharmendra and Ramwati alleging that the marriage of deceased Kalpana was solemnized with Dharmendra on 11.2.2018, they demanded additional dowry as from the deceased for which the deceased was being tortured by them and on 23.9.2018 they killed her. According to postmortem report, cause of death is asphyxia due to antemortem hanging.
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 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. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 1.11.2018 (near about five and half 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 Ramwati involved in S.T, 310 of 2018 as well as Case Crime No. 588 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S.
Bakewar, District Etawah 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 :- 15.4.2019 A. Singh
2 issues framed by the court
Whether the applicant satisfies the conditions for release on bail while facing charges related to dowry death.
Whether the period of imprisonment and lack of independent evidence against the applicant warrant bail.
2 provisions across 2 enactments
Ramwati
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
