Criminal Misc. Bail Application filed by Smt. Ramwati Alias Reeta, mother-in-law of deceased, seeking bail in a dowry death case. The court observed the structure of the case permits bail and released the applicant on conditions.
Released on bail on furnishing personal bond and two sureties in like amount with conditions to not tamper with evidence.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51346 of 2019
Applicant :- Smt. Ramwati Alias Reeta Opposite Party :- State of U.P. Counsel for Applicant :- Amar Chandra,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The marriage of the deceased was solemnized with the son of the applicant about 3 years ago. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. 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 she is in jail since 29.7.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Smt. Ramwati Alias Reeta involved in Case Crime No. 373 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Khutar District Shahjahanpur 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;
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 :- 4.12.2019 Gss
2 issues framed by the court
Whether Smt. Ramwati Alias Reeta is entitled to bail in a case under Sections 498-A, 304-B IPC and 3/4 D.P.Act alleging dowry death.
Whether the applicant's role in the alleged incident justifies her continued detention without bail.
3 provisions across 2 enactments
Ramwati Alias Reeta
State of U.P
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
