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Bholi Alias Dhanpatta vs State Of U.P. on 5 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53943 of 2019

Applicant :- Bholi Alias Dhanpatta

Opposite Party :- State of U.P.

Counsel for Applicant :- Om Prakash Kannaujia,Ganesh Shanker Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

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

Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. The deceased died due to burn injuries. No dying declaration of the deceased was recorded. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.There is no direct evidence against the applicant. It has further been submitted that the FIR of the alleged incident was lodged on the basis of an application moved under section 156 (3) SectionCr.P.C. The application under Sectionsection 156 (3) SectionCr.P.C was moved after eight months of the alleged incident. False allegation has been made against the applicant. There is no criminal history of the applicant and is in jail since19.8.2019.

Per contra, learned A.G.A opposed the prayer for bail.

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

Let the applicant Bholi Alias Dhanpatta involved in Case Crime No. 76 of 2019, under Sections 498A, Section304B, SectionIPC and 3/4 D.P. Act, P.S. Kalwari, District Basti be released on bail on her furnishing a personal bond and 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 evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will 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 :- 5.12.2019/A.

 

 

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