HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54625 of 2019
Applicant :- Aneesa @ Mursaleena
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Learned counsel for the applicant is permitted to correct the section in the bail application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. At the time of alleged incident applicant was living separate from the deceased and her husband. She has no concern with the alleged incident. The applicant has not committed marpit with the deceased and has not committed the alleged offence. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem smothering. The deceased and her husband were living separate in their house. There is no eye witness of the alleged occurrence. There is general allegation against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Pappu @ Dilshad (father-in-law of the deceased) has already been released on bail by this court vide order dated 28.11.2019 in Cr. Misc. Bail Application No. 52659 of 2019, therefore, applicant is also entitled for bail. The applicant has no criminal history and she is in jail since 5.10.2019.
Per contra; learned A.G.A. 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 Aneesa @ Mursaleena involved in Case Crime No. 430 of 2019, under Sectionsection 304B, Section498A, Section504 IPC and 3/4 D.P. Act, P.S. Khatauli, District Muzaffar Nagar 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. The applicant shall not pressurize/intimidate the prosecution witnesses and she shall cooperate with the trial.
3. The applicant 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 b ail of the applicant.
Order Date :- 9.12.2019