Allahabad High Court
Smt. Ramkali @ Shyam Kali vs State Of U.P. on 8 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25491 of 2016
Applicant :- Smt. Ramkali @ Shyam Kali
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Rasik Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant - Smt. Ramkali @ Shyam Kali seeks bail in Case Crime No. 324 of 2016, under Section 304-B, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Agra.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that the applicant is the mother in law of the deceased Soni has been falsely implicated in this case. The father of the deceased has lodged an F.I.R. at 5.30 P.M. on 8.4.2016 with the allegations that he had received information that his daughter has been alone to death as she was tortured on account of non-fulfilment of demand of dowry by the husband and her in laws. The applicant was not residing with the deceased, who was living alongwith her husband. The husband of the applicant Shiv Murti has already enlarged on bail by the court below. It is further contended that prior to lodging of the F.I.R. the police has conducted inquest at 5.10 P.M. in the mortuary. There is no specific allegation made in the F.I.R. with regard to the alleged beating by the applicant alongwith other family members. No injury was found except ligature mark over her body when her postmortem was conducted. The applicant is in jail since 8.4.2016 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. has contended that the victim was done to death in a very gruesome and atrocious manner, as she was harassed and tortured by the husband and her in laws. The deceased has died an unnatural death within three years of her marriage, therefore, the applicant is not entitled for bail. In case the applicant is allowed to be released on bail, she will tamper with the prosecution evidence and flee away from the judicial process.
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. Ramkali @ Shyam Kali 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 :- 8.8.2016
RU
