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Amrawati vs State Of U.P. on 2 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13601 of 2019

Applicant :- Amrawati

Opposite Party :- State Of U.P.

Counsel for Applicant :- Anup Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. In fact, a child was born to the deceased on 27.6.2018 at Sheetla Care Centre Private Ltd. Gorakhpur. After delivery the condition of deceased was serious, therefore, she was referred to Dr. Ram Manohar Lohiya Hospital, Lucknow and after some treatment on 29.6.2018 she was admitted in KGMC, Lucknow for treatment where she remained admitted till 27.7.2018 about a month. During treatment several times dialysis was faced by her. During this period newly born child become seriously ill and he died on 8.8.2018. After hearing the news of death of her child the deceased became seriously ill. She was admitted in Liver Clinic, Gorakhpur on 17.9.2018, thereafter, she was discharged from that hospital. She again become ill and lastly died on 3.11.2018. In death certificate of hospital the cause of death of the deceased has been shown Cardiac arrest. The FIR of the alleged incident has been lodged after 3 and 1/2 month of the death of the deceased. False story has been concocted by the informant. The applicant has not committed the alleged offence. She has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 20.2.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Amrawati involved in Case Crime No. 47 of 2019, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Kolhuee, District Maharajganj 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 will not tamper with the evidence.

2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 2.4.2019

Masarrat

 

 

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