HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53789 of 2019
Applicant :- Jannat Begum
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi,Pranshu Dwivedi
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Raghubir Singh, Advocate has filed vakalatnama on behalf of the complainant is taken on record,
Heard learned counsel for the applicant, learned counsel for the complainant as well as 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 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 except the ligature mark no injury has been found on the body of the deceased and the cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The applicant has not compelled the deceased to commit suicide. At the time of the alleged incident the applicant was living separate from the deceased and her husband. The applicant has no concern with the alleged incident. Co-accused Sampat @ Sampati father-in-law of the deceased and Sharif have already been released on bail by another bench of this Court vide orders dated 14.10.2019 and 16.11.2019 respectively, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 2.11.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the applicant is named in the FIR. The applicant and other co-accused have committed the marpeet with the deceased . The deceased was harassed and tortured due to non fulfilment of demand of dowry. 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 Jannat Begum involved in Case Crime No. 150 of 2019, under Sections 498A, Section304B, Section323, Section506 IPC and 3/4 D.P. Act, P.S. Achhnera, District Agra 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 :- 4.12.2019