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Court No. - 93

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21607 of

2022

Applicant :- Ranuiya

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashutosh Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

Heard Sri Ashutosh Yadav along with Ms. Abhilasha Singh,

learned counsel for the applicant and Sri Viabhav Aanand, learned

A.G.A. for the State and perused the record.

Applicant has moved the present bail application seeking bail in

Case Crime No. 155 of 2021, under Sections 498-A, 304-B I.P.C. and

Section 3/4 Dowry Prohibition Act, Police Station Pahari, District

Chitrakoot.

Learned counsel for the applicant submits that the facts in a

nutshell are that on 21.10.2021 at about 3 a.m. the deceased, daughter-

in-law of the accused-applicant committed sucide by handing herself

from the hook of the roof and accordingly information regarding

commission of suicide was given by her husband to police station on

21.10.2021 at about 10.56 a.m. As per prosecution version the

allegation are that the mother-in-law, father-in-law, husband and

brother-in-law were regularly demanded the car in dowry and they

have put to cruelity of the grand daughter of the informant, who was

murdered by the accused persons, named in the F.I.R. by hanging her.

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Learned counsel for the applicant further submits that the

applicant has been falsely implicated in the present case, no such

incident happened as alleged by the prosecution.

Learned counsel for the applicant further submits that all the

accused are in jail since 30.10.2021 including the present applicant.

Learned counsel for the applicant further submits that the

applicant is mother-in-law and she is an old lady and there is no

specific role regarding demand of dowry was assigned to her and only

general role has been assigned in the F.I.R., the applicant could not be

the beneficiary of the car, which was being allegedly demanded as

alleged by the prosecution, whereas the husband is a labour and he

also cannot demand a car, therefore, the allegation regarding demand

of dowry by the applicant and other accused persons named in F.I.R.is

totally false and fabricated.

Learned counsel for the applicant further submits that from the

post-mortem report it is clear that there is only one injury seen on the

body of the deceased i.e. stangulation mark present at about neck 2.5

cm below from chin in anterior aspect and no other external or

internal injury found on the person of the deceased, therefore, it is a

case of hanging and not a case of murder by the family members of

the applicant, even though the applicant is not involved in the present

incident.

Several other submissions in order to demonstrate the falsity of

the allegations made against the applicant have also been placed forth

before the Court. The circumstances which, according to the counsel,

led to the false implication of the accused have also been touched

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upon at length. It has been assured on behalf of the applicant that she

is ready to cooperate with the process of law and shall faithfully make

herself available before the court whenever required and is also ready

to accept all the conditions which the Court may deem fit to impose

upon her. It has also been pointed out that the accused is not having

any criminal history and she is in jail since 30.10.2021 and that in the

wake of heavy pendency of cases in the Court, there is no likelihood

of any early conclusion of trial.

Learned A.G.A. opposed the prayer for bail of the applicant on

the ground that the applicant was living in the same house and her role

cannot be denied.

Having heard learned counsel for the parties and having perused

the record, it is evident that it is an admitted fact that the instant

applicant is mother-in-law of the deceased and the allegation of

demanding Car and committing cruelty in lieu thereof have been

levelled against all the named accused persons. The presence of the

applicant could be