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Navrangi Devi vs State Of U.P. on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 55959 of 2019

Applicant :- Navrangi Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Jitendra Kumar Upadhyay,Pawan Kumar Singh Kaushik

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She 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. There is general allegation against the applicant. No specific role has been assigned to her. The FIR of the alleged incident has been lodged on the basis of an application moved under Sectionsection 156(3) Cr.P.C. The FIR has been lodged after 1 and 1/2 year of the alleged incident. As per postmortem report the cause of death could not be ascertained, therefore, viscera was preserved. In viscera report Organo Sholoro Insecticide Poison has been found to the deceased. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. There is no cogent evidence with regard to abetment against the applicant. The co-accused Pramod Kumar and Anil Kumar, Dewars of the deceased have already been released on bail by this court vide orders dated 9.12.2019 and 12.12.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 19.9.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Navrangi Devi involved in Case Crime No. 30 of 2019, under Sectionsection 306 and Section498A IPC, P.S. Reotipur, District Ghazipur be released on bail on her furnishing a personal bond with 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 evidence.

2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall 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 :- 16.12.2019

Masarrat

 

 

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