Court granted bail to Smt Anita Devi, mother-in-law accused in dowry death case under Sections 498-A and 304-B IPC, treating her role as no specific to warrant continued detention after father-in-law was released.
Released on bail furnishing personal bond and two reliable sureties of like amount with conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41135 of 2020
Applicant :- Smt. Anita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s) Smt. Anita Devi,who is involved in Case Crime No.0097 of 2020 under Sections 498-A,304-B I.P.C and under Section 3/4 Dowry Prohibition Act P.S.- Ganjdundwara District-Kasganj.
The F.I.R. version is that the daughter of the informant Shikha was married on 3.1.2020 with Mayank Singh Chauhan @ Vikas, son of Ram Singh Chauhan. The inmates of the in-laws house was not happy with the items given at the time of marriage and since the time of marriage his daughter was subjected to cruelty physically as well as mentally. A demand of Car was also made which could not be fulfilled by the informant. On 25.7.2020 at 11.15 a.m. he got the information that his daughter has been killed by throttling and her body was hanging inside the room. On this written information the Case Crime No.0097 of 2020 under Sections 498-A,304-B I.P.C and under Section 3/4 Dowry Prohibition Act against Mayank Singh Chauhan,Ram Singh Chauhan @ Dear,Smt. Sushila, Bhure, Smt. Maya and Sishu Singh has been registered.
Learned counsel for the applicant contends that the role of the applicant is not shown specific in the F.I.R. and the co-accused Ram Singh who is father-in-law of the deceased has been released on bail vide order dated 4.11.2020 in Criminal Misc. Bail Application No. 32025 of 2020 by this Court and accordingly prayed to release the applicant on bail also on the ground of parity.
Learned A.G.A. vehemently opposed the present bail application but conceded that the co-accused father-in-law has been released on bail but the applicant is the mother-in-law who is the head of the internal administration and contended to reject the bail.
In autopsy report the two anti-mortem injuries have been shown
to the deceased; one is contusion below the left eye and injury no. 2 is ligature mark oblique on the neck below the joint above the thyroid cartilage.
In the F.I.R. the demand of Car was made for which direct beneficiary is the husband of the deceased. The co-accused Ram Singh Chauhan, who is the father-in-law of the deceased has been released by this Court and the role of the applicant being no specific in the F.I.R, the applicant deserved to be enlarged on bail.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and she has been falsely implicated in the present case. It is further submitted that the applicant is languishing in jail since 28.5.2020.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s) Smt Anita Devi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 24.11.2020 SKS
1 issue framed by the court
Whether to release the applicant on bail considering her role in the FIR compared to the father-in-law already released.
3 provisions across 2 enactments
Smt Anita Devi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
