In a bail application under a dowry death charge, the court held that the applicant is a fit case for bail. It granted release upon furnishing a personal bond and two sureties with conditions to not tamper with evidence and to cooperate with trial.
Applicant released on bail upon furnishing a personal bond and two sureties in like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52809 of 2019
Applicant :- Shivkumari Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh,Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. The applicant has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. It has further been submitted that the FIR of the alleged incident was lodged by sister of the deceased. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself due to some other reason. The applicant has no concern with the alleged incident. There is no direct evidence against the applicant. 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 is in jail since 11.8.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shivkumari involved in Case Crime No. 78 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Lotan, District Siddharth Nagar 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 :- 29.11.2019/A.
2 issues framed by the court
Whether the applicant mother-in-law is a fit case for release on bail despite being implicated in dowry death charge.
Whether lack of direct evidence and claim of false implication warrants granting bail.
1 provisions across 1 enactments
Shivkumari
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
