This bail application was allowed by the Court. The applicant, charged as mother-in-law in a capital offence involving dowry death, was held eligible for bail due to lack of criminal history and absence of independent witnesses, subject to standard conditions.
Release of applicant on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6417 of 2019
Applicant :- Ranua Opposite Party :- State Of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Rupchandra (Husband), Ranua (Mother-in-law), Ramdas (Grandfather of Rupchandra), Vidya (Nanad) and Chhotu @ Brajmohan alleging that Sudha Devi sister of the complainant was married with Rupchandra on 19.5.2015. For demand of T.V., Fridge, Fan and Cooler, they killed her on 20.9.2017 and dead body was found on the Railway track.
Learned counsel for the applicant submitted that the applicant is mother-in-law of the deceased and is an lady and is languishing in jail since 30.5.2018 (about eight and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to the applicant. This is a case of suicide. She had no concern with the so called demand and she is not beneficiary of the same. They are living separately. She has committed suicide herself and the reason better known to her. There is no independent witness against the applicant. There is no eye witness account 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 Ranua involved in Case Crime No. 849 of 2017, under Section 498A, 304B IPC and 3/4 of D.P. Act, Police Station-Kotwali Karvi, District-Chitrakoot 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 applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicants 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 them 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 :- 21.2.2019 OP
2 issues framed by the court
Whether the applicant, mother-in-law of the deceased, is eligible for bail in a case involving allegations of dowry death and murder.
Whether the gravity of the offence and period of custody warrant granting bail without expressing opinion on merits.
3 provisions across 2 enactments
Ranua
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
