The Court allowed the bail application of Smt. Sunita, mother-in-law of deceased, accused under dowry death related offences in Case Crime No. 182 of 2019, on furnishing bond and sureties.
Applicant released on bail on furnishing a personal bond and two heavy sureties subject to specified conditions.
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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46847 of 2019 Applicant :- Smt. Sunita Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.,Rajeev Tiwari
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law of the deceased. She has no concern with the present matter. Cause of death is asphyxia due to ante mortem injuries. General role has been assigned against the applicant in the FIR. Applicant was not involved in raising demand of dowry and causing cruelty. She was implicated in this matter being the mother of husband of the deceased. The applicant has no criminal history. She is languishing in jail since 26.7.2019 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 informant and learned A.G.A. argued that the applicant was involved in the present matter. Cloth was found in the mouth of the deceased. Demand was also being made on the part of the applicant from the deceased. All the ingredients of offence under Section 304-B IPC are available against the applicant.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Sunita involved in Case Crime No. 182 of 2019, under Sections 498-A, 304-B, 323, 506 I.P.C. and Section 3/ 4 D. P. Act, P.S. Chaubepur, District Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 14.11.2019
Sachdeva
2 issues framed by the court
Whether the applicant, mother-in-law of deceased accused of dowry death, is entitled to bail.
Whether the applicant is safe on bail in the said case.
3 provisions across 2 enactments
Smt. Sunita
Om Prakash-VII,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
