The High Court Court No. 77 allowed bail to Smt. Shakeela, a mother-in-law allegedly implicated in the suicide of her daughter-in-law. The court noted her lack of criminal history and alleged lack of participation in dowry demands.
Releasement of the applicant on bail upon furnishing a personal bond and two sureties each, subject to specific conditions.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19498 of 2019
Applicant :- Smt. Shakeela Opposite Party :- State Of U.P. Counsel for Applicant :- Kandarp Srivastava,Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Yogendra Pal Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against seven accused persons namely, Azad (husband), Shakila (mother-in-law), Asgar (father-in-law), Tarannum (jethani), Akaram (jeth), Bholu (jeth) and Julfkar alleging that the marriage of deceased Shayana was solemnized with Azad before four years, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 5.5.2018 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging. Hyoid bone was found intact.
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 14.1.2019 (near about four 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 counsel for the complainant opposed the prayer for bail.
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. Shakeela involved in Case Crime No. 467 of 2018, under Sections 498-A, 304-B, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Lisari Gate, District Meerut 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 :- 8.5.2019 A. Singh
3 issues framed by the court
Whether bail should be granted to Smt. Shakeela accused of dowry death and cruelty.
Whether the applicant has any criminal history or concern with the offence.
The grounds for releasing the accused on bail under Sections 498-A and 304-B IPC.
2 provisions across 2 enactments
Smt. Shakeela
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
