Smt. Kamla Jain vs State Of U.P.
2014 Latest Caselaw 3389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22026 of 2014
 

 
Applicant :- Smt. Kamla Jain
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kameshwar Singh
 
Counsel for Opposite Party :- Govt. Advocate,Alok Ranjan Mishra,Anurag Khanna
 

 
Hon'ble Bala Krishna Narayana,J.

Heard Sri Kameshwar Singh for the applicant,  learned AGA for the State and Sri Gopal Chaturvedi, learned Senior Counsel Assisted by Sri Anurag Srivastava learned counsel for the informant.

By means of this application, the applicant who is involved in Case Crime no. 57 of 2014, under Sections 498A, 304B & 316 IPC and Section 3/4 of the Dowry Prohibition Act, P.S. Phase II Noida, District Gautam Budh Nagar is seeking enlargement on bail during the trial.

Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased, aged about 60 years. The marriage between the deceased-Enjel @ Mili Jain and  Anurag Jain, son of the applicant was solemnised on 6.5.2013. The victim died as a result of the injuries sustained by her as a result of her falling on the ground from the balcony of her flat on the 5th floor on 6.2.2014. General allegations have been made against the deceased's husband and his relatives including the applicant that a flat was being demanded from the deceased and her parents as additional dowry  and on account of non-fulfillment thereof she was brutally murdered in her matrimonial home. He next submitted that the applicant is living separately from the deceased and it cannot be said to be the beneficiary of the additional dowry so demanded and her case is clearly distinguishable from that of the other co-accused Anurag  Jain, husband of the deceased. Learned counsel for the applicant also submitted that the victim was about three months pregnant on the date of the occurrence and was suffering from depression and possibility of her committing suicide by jumping from the balcony of her flat on the 5th floor under a spell depression cannot be ruled out. It is submitted that the applicant is in jail since 06.02.2014 and has no reported criminal history is entitled to bail.

Sri Gopal Chaturvedi, learned Senior Counsel for the informant as well as learned AGA opposed the prayer for bail and submitted that there is no evidence on record even prima facie indicating that the victim was suffering from any kind of depression. The victim was brutally murdered by her husband and his other relatives including the applicant who was admittedly present at the crime scene on the date of occurrence. The injuries sustained by the deceased cannot be caused in the manner alleged by the defence. He lastly submitted that in view of the fact that deceased had died in her matrimonial home within one year of her marriage and her death being unnatural, a very strong burden is cast upon the defence to explain the circumstances under which the victim had died which the defence has thus far satisfactorily failed to discharge and hence the applicant's prayer for bail is liable to be turned down

After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail.

Accordingly, the bail application is rejected.

Order Date :- 21.7.2014

Ajay