HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49853 of 2019
Applicant :- Guddi @ Asha Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Anil Kumar Bind, Advocate has filed vakalatnama on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. She has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has no concern with the alleged incident. As per postmortem report the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. There are two minor children from the wedlock of the deceased and her husband. 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 25.9.2019.
Per contra, learned counsel for the informant as well as learned A.G.A opposed the prayer for bail and argued that the deceased died within six years of her marriage an unnatural death. The applicant has committed the alleged offence, therefore, the applicant is not entitled 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 Guddi @ Asha Devi involved in Case Crime No. 233 of 2019, under Sections 498A, 323, 304B, SectionIPC and 3/4 D.P. Act, P.S. Kamalganj, District Farrukhabad 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 :- 18.11.2019/A.