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Km. Sariya Alias Sariya Naj vs State Of U.P. on 2 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53236 of 2019

Applicant :- Km. Sariya Alias Sariya Naj

Opposite Party :- State of U.P.

Counsel for Applicant :- Nirbhay Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Learned counsel for the applicant is permitted to delete the Sectionsection 323 IPC from the prayer clause of bail application.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is unmarried nanad of the deceased. The applicant has falsely been implicated in the present case. As per postmortem report the cause of death of the deceased has been shown shock and haemorrhage due to bleeding from intestine. No external injury has been found on the body of the deceased. 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. The applicant has no concern with the alleged incident. It has further been submitted that co-accused Smt. Kamar Jahan mother-in-law and Suhail @ Pammi husband of the deceased have been released on bail by another bench of this Court vide orders dated 23.1.2019 and 17.11.2018 respectively, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 23.10.2019.

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 Km. Sariya Alias Sariya Naj involved in Case Crime No. 95 of 2014, under Sections 498A, Section304B, SectionIPC and 3/4 D.P. Act, P.S. Ganjdundwara, District Kasganj 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 :- 2.12.2019/A.

 

 

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