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Guddi Devi vs State Of U.P. on 27 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 40266 of 2019

Applicant :- Guddi Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ajay Kumar Dwivedi

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

While describing various facets of the case, it has been claimed that in this case, the applicant happens to be the mother-in-law of the deceased- Smt. Arti. Infact, the deceased was pregnant and the pregnancy was to attain maturity on 29.4.2019 and on 17.4.2019, she developed labour pain, due to which, she died. It is a case of accident. There is no injury caused on the deceased nor any such factor has been noted to be in the post-mortem examination. It is clear cut accidental death on account of labour pain. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 12.07.2019.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

Let the applicant- Guddi Devi involved in case crime no.305 of 2019, under Sections 498A, Section304B IPC and 3/4 D.P. Act, Police Station Shikohabad, district Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 27.9.2019

Raj

 

 

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