HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35763 of 2018
Applicant :- Sarojni Begum
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Verma
Counsel for Opposite Party :- G.A.,Ansar Ahmad
Hon’ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 112 of 2018, under Sections 498A, Section304B I.P.C. and Section 3/Section4 Dowry Prohibition Act, P.S. Usrahar, district-Etawah, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant who is an old lady aged about sixty five years is the mother-in-law of the deceased Yasmeen. Marriage between the deceased and the Saddam, son of the applicant was solemnized on 29.12.2017. General allegations have been made against the applicant and her other family members that they were demanding one motorcycle as additional dowry from the deceased and her parents and on account of non fulfillment of the aforesaid demand of dowry, the deceased was maltreated and tortured by them ultimately she was done to death by setting her ablaze. In fact, the deceased sustained accidental burn injuries while she was boiling milk. There is no dying declaration of the deceased. He next submitted that the applicant cannot be said to be the beneficiary of the additional dowry demanded by co-accused, Saddam and the role of the present accused is clearly distinguishable from that of co-accused, Saddam, husband of the deceased. He also submitted that the father-in-law of the deceased has already been granted bail by another Bench of this Court vide order dated 6.3.2019 passed in Criminal Misc. Bail Application No. 9424 of 2019.
He lastly submitted that the applicant has no criminal history and she is languishing in jail since 3.6.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sarojni Begum be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 112 of 2018, under Sections 498A, Section304B I.P.C. and Section 3/Section4 Dowry Prohibition Act, P.S. Usrahar, district-Etawah subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.8.2019/Faridul