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Arti vs State Of U.P. on 14 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 4

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49223 of 2019

Applicant :- Arti

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashutosh Diljun,Chandra Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard Sri Ashutosh Diljan, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant Arti with a prayer to enlarge her on bail in Case Crime No. 22 of 2019, under Sections 498A, Section304B I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Sonha, District Basti.

As per first information report version, the deceased was married on 13.05.2017 with the accused Durgesh. After marriage, the accused persons started demanding additional dowry and they used to mentally and physically harassed the deceased. On 23.02.2019, the informant was informed that his sister has died and her dowry death was committed by the accused persons. In the post-mortem report, three injuries were found on the body of the deceased but the cause of death was not certain, therefore, viscera was preserved and sent for chemical examination in which it was found that poison was administered to her. After investigation, the police has submitted charge sheet against the accused persons under the aforesaid sections.

Learned counsel for the applicant has submitted that the applicant is sister-in-law of the deceased and only on the basis of general allegations, the whole prosecution story against the accused persons were framed. There was some misunderstanding between the deceased and her husband and their relationship was very quarrelsome. There is no role of the applicant and in the statement of the independent witnesses of the same locality, it has come that at the time of incident, she was not present on the spot and she had gone to her sister’s home whom baby was born. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 08.07.2019, hence, she is entitled to bail.

Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused persons under the aforesaid sections.

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant shall not indulge in any criminal activity.

(ii) The applicant shall not tamper with the prosecution evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.

In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

Order Date :- 14.11.2019

sailesh

 

 

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