Allahabad High Court
Kamla Devi vs State Of U.P. on 5 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25486 of 2016
Applicant :- Kamla Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Ganesh Datta Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis, J.
Heard learned counsel for the accused-applicant and learned A.G.A. appearing for the State and perused the record of the case.
Learned counsel for the applicant has stated that applicant, who is the mother-in-law of the deceased has falsely been implicated in the present case.
The F.I.R was lodged by the informant on 23.09.2015 against six persons in respect of alleged incident, which took place on 14.09.2015 at about 10:00 p.m alleging that daughter-in-law of the applicant was done to death as she was tortured on account of non-fulfilment of dowry by assaulting her. After conducting and preparing the inquest report of the deceased the first information report has been lodged. Thus after due deliberation frivolous allegation has been made in the present F.I.R, which are absolutely false and concocted. No complaint or F.I.R was ever lodged earlier by the complainant or deceased herself about the said demand or harassment of the deceased. It is further contended that applicant is an old person being mother-in-law of the deceased and is residing separately with her husband. Initially the F.I.R was lodged under Sections 498-A and 302 I.P.C and Section ¾ of Dowry Prohibition Act. As such the entire allegations made in the First Information become falsified.
It is further submitted that co-accused ? Prem Lata @ Brij Lata Dewarani and Munesh Dewar of the deceased have already been granted bail by another Bench of this Court vide order dated 17.05.2016, passed in Criminal Misc. Bail Application No. 15369 of 2016 ? (Prem Lata @ Brij Lata Vs. State of U.P.) and Criminal Misc. Bail Application No. 15408 of 2016 - (Munesh and Another Vs. State of U.P). Copies whereof have been annexed as Annexure No. 10 to the bail application.
Counsel for the accused-applicant further submits that general allegation regarding demand of dowry has been made against all. The applicant who is absolutely innocent is languishing in jail since 31.05.2016, deserves to be enlarged on bail, who undertakes to cooperate with the trial and shall not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A and submitted that in case the applicant is released on bail, she will pressurize the witnesses and shall flee away from judicial process. Hence she does not deserve to be enlarged on bail.
Having considered the submissions advanced by the learned counsel for the applicant the nature of accusation and the severity of punishment and the nature of supporting evidence, but without expressing any opinion on the merits of the case, let the applicant ? Kamla Devi, involved in Case Crime No. 433 of 2015, under Sections 498-A, 302 I.P.C and 3/4 Dowry Prohibition Act, Police Station ? Mursan, District Hathras, be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize / intimidate the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 05.08.2016.
Vinod.
