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Jamuna Devi vs State Of U.P. on 8 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1036 of 2020

Applicant :- Jamuna Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Kumar Chauhan

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 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. As per postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The deceased has committed suicide herself. There is no evidence of instigation against the applicant. The marriage of the deceased was solemnized about seven years ago from the date of the alleged incident with the son of the applicant. Two female children were born from the wedlock of the deceased and her husband. There was no male issue due to which the deceased was in depression and she has committed suicide herself. There is no cogent evidence against the applicant with regard to the abatement. The applicant has no concern with the alleged incident. The applicant is an old lady aged about 55 years. There is no criminal history of the applicant and is in jail since 16.6.2019.

Per contra, learned A.G.A has 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 Jamuna Devi involved in Case Crime No. 130 of 2019, under Sections 306, 498A, SectionIPC and 3/4 D.P. Act, P.S. Bardah, District Azamgarh 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 :- 8.1.2020/A.

 

 

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