HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54164 of 2019
Applicant :- Foolshri
Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Singh
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 applicant has not committed the alleged offence. 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. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.The deceased has committed suicide herself and her marriage was solemnized against her wish. In per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. Except the ligature mark no other injury has been found on the body of the deceased. The applicant has no concern with the alleged incident. It has further been submitted that co-accused Sumit Kumar @ Satyaveer Yadav has already been released on bail by another bench of this Court vide order dated 12.9.2019 in Criminal Misc. bail application no. 35630 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. The applicant is an old lady aged about 60 years. There is no criminal history of the applicant and is in jail since 11.11.2019.
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 Foolshri involved in Case Crime No. 219 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Civil Lines District Etawah 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 :- 6.12.2019