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Billa Devi vs State Of U.P. on 9 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1409 of 2020

Applicant :- Billa Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Naresh Kumar Singh,Avadh Pratap Singh Shishodia

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Vishal Singh, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as 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. She has falsely been implicated in the present case. The FIR has been lodged against 5 persons including the applicant. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. As per postmortem report the deceased died due to burn injuries. There is no dying declaration of the deceased and there is no direct evidence against the applicant. It has further been submitted that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Raj Singh, father-in-law of the deceased has already been released on bail by this court vide order dated 19.11.2019 in Criminal Misc. Bail Application No. 50476 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 28.11.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the deceased has died an unnatural death within one year of her marriage due to burn injuries. The deceased was harassed and tortured by the applicant and other co-accused for non fulfillment of demand of dowry, therefore, the applicant is not entitled 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 Billa Devi involved in Case Crime No. 281 of 2019, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Anoopshahar, District Bulandshahar 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 :- 9.1.2020

Masarrat

 

 

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