HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53525 of 2019
Applicant :- Brajrani
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Dixit
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
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. The FIR of the alleged incident was lodged against four persons including the applicant making general allegation. 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. No specific role has been assigned to the applicant. The applicant is a widow lady and at the time of the alleged incident she was living with her son namely Mahendra Singh. The husband of the applicant was in police and after his death she is obtaining pension. The deceased has committed suicide herself. The applicant is not a beneficiary of alleged demand of dowry. The applicant has falsely been implicated in the present case due to being mother-in-law of the deceased. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The applicant has no concern with the alleged incident. Co-accused Archana Devi (jethani) of the deceased has already been released on bail by another bench of this Court vide order dated 14.11.2019 in Criminal Misc. Bail Application No. 49176 of 2019, therefore, the applicant is also entitled for bail. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 16.3.2019..
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 Brajrani involved in Case Crime No. 15 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Girwan,, District Banda 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 :- 3.12.2019