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Leelawati vs State Of U.P. on 26 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 81

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 47931 of 2019

Applicant :- Leelawati

Opposite Party :- State of U.P.

Counsel for Applicant :- Udai Shankar Chauhan

Counsel for Opposite Party :- G.A.,Om Prakash Singh

Hon’ble Dinesh Kumar Singh-I,J.

Short counter affidavit has been filed by learned counsel for the informant/complainant and the same is taken on record.

Heard Sri Udai Shankar Chauhan, learned counsel for the applicant and Sri Om Prakash Singh, learned A.G.A. for the State and perused the record.

This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 174 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 D.P. Act, Police Station Kopaganj, District Mau, during the pendency of trial.

Learned counsel for the applicant contends that applicant has been falsely implicated, who is mother-in-law of the deceased. The deceased had committed suicide because she was reluctant to marry son of the applicant and was married against her wish and because of being frustrated, she has committed suicide. it is further argued by him that co-accused father-in-law Shivchand and Jeth Sudarshan, whose case stands on the same footing, have been granted bail in Crl. Misc. Bail Application No. 47421 of 2019 and in Crl. Misc. Bail Application No. 45665 of 2019 on 11.11.2019 1.11.2019 respectively and has claimed parity. No specific allegation has been made against her to cause death of the deceased. He has further argued that at the time of inquest, body was found in a room which was closed from inside and her body could be taken out only after breaking the door of the room, hence it is a case of suicide. Applicant has no previous criminal history. The applicant is languishing in jail since 20.7.2019. If he is released on bail, he would not misuse the liberty.

Learned counsel for the informant/complainant as well as learned A.G.A. have opposed the grant of bail stating that it has come in the evidence of the mother of the deceased that accused applicant used to demand dowry and it is further argued that in the post-mortem report, there are as many as six injuries, which are ligature marks and rest of the four are abrasions, which clearly suggest that it was not a case of suicide. He has further argued that cause of death has been shown to be asphyxia due to ante-mortem strangulation. It amounts to causing murder of the deceased.

In view of above arguments, looking to the fact that case of the accused-applicant is at par with the other co-accused namely, Shivchand and Sudarshan, who have been granted bail, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.

Let the applicant Leelawati involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 26.11.2019

A.P. Pandey

 

 

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