The Court granted bail to the accused, mother-in-law of the deceased, in a dowry death case, noting lack of cogent evidence placing her at the scene and no specific gravity towards her, without commenting on merits.
Release on bail with personal bond and two sureties subject to conditions against tampering with evidence and pressuring witnesses.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3317 of 2021
Applicant :- Smt. Vimla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant Smt. Vimla Devi, who is involved in Case Crime No.274 of 2020, under Sections 498-A,304-B I.P.C., and 3/4, DP Act P.S. Moosajhag District-Budaun.
Learned counsel for the applicant has submitted that the applicant is mother-in-law of the deceased. The applicant alongwith her husband were residing separate from her son. It is a case of suicide and the Investigating Officer during investigation has collected the evidence that the applicant who is mother-in-law of deceased was residing in other house. Informant, the father of the deceased and other witnesses of the inquest report are the relatives of the deceased but the FIR was lodged on the next day.
Learned AGA opposed the contentions made by learned counsel for the applicant and contended that on the statement of witnesses the prosecution case is well supported.
As per FIR case the prosecution version is in regard to dowry death. In the post mortem report of the deceased the cause of death is mentioned as asphyxia as a result of ante-mortem injury. In inquest report the informant Suresh Rathore has stated that the death of the deceased was caused under dubious circumstances.
Admittedly, death of the deceased is unnatural death in a matrimonial house and there is also evidence that soon before the death deceased was subjected to cruelty due to demand of dowry.
At page 36 which is annexure no. 4 of the affidavit, the Investigating Officer has stated that he reached to the place of occurrence and on interrogation the persons of the locality had stated to him that Mahendra Pal was residing separately alongwith his wife while his parents were residing in another house in the same village. The Investigating Officer has not collected any such cogent evidence to show that at the time of occurrence, the applicant was in the house where unnatural
death of the deceased was caused. The applicant has been languishing in Jail since 3.11.2020.
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. Vimla 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 :- 19.1.2021 SKS
1 issue framed by the court
Whether the accused mother-in-law is eligible for bail in a case of alleged dowry death under Sections 498-A and 304-B IPC.
Smt. Vimla Devi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
