Allahabad High Court
Smt. Asha Gupta vs The State Of U.P. on 3 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25443 of 2016
Applicant :- Smt. Asha Gupta
Opposite Party :- The State Of U.P.
Counsel for Applicant :- Vindhyachal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant - Smt. Asha Gupta seeks bail in Case Crime No. 318 of 2015, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Qilar, District Bareilly.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The submission of the learned counsel for the applicant is that the applicant is mother in law of the deceased. The father of the deceased has lodged First Information Report stating therein that she was subjected to cruelty by her in laws. The victim in fact had consumed some poisonous substance and died. The applicant and her son (husband of the victim) admitted the deceased in Hospital and thereafter they made a report to the police concerned. In postmortem report the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. The father in law of the deceased has already released on bail by another Bench of this Court. The applicant is in jail since 29.3.2016 and has no criminal history to her credit deserves to be released on bail. In case the applicant is released on bail she will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail and contended that injuries were found on the body of the deceased. The victim was done to death in a very gruesome and atrocious manner, as she was harassed and tortured by the applicant also. The deceased has died an unnatural death within three years of her marriage, therefore, the applicant is not entitled for bail.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the applicant Smt. Asha Gupta involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. She will cooperate in the trial bonafidely without seeking adjournments.
3. She shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.8.2016
RU
