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Pooja Devi vs State Of U.P. on 3 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57976 of 2019

Applicant :- Pooja Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Virendra Kumar,Gopal Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Sandeep Kumar Srivastava, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as 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. The FIR of the alleged incident has been lodged against 4 persons including the applicant making general allegation. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. At the time of alleged incident the applicant was at Bombay. About one month ago the deceased came at village Kansapur Kariyav, Bhadohi where she consumed some poisonous substance and died. It appears that some dispute has taken place in between deceased and her husband due to which the deceased has committed suicide herself. The applicant has neither harassed or tortured to the deceased nor compelled the deceased to commit suicide. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. Prior to the alleged incident the deceased was also living in Bombay along with her husband. As per postmortem report the cause of death could not be ascertained, therefore, viscera was preserved. In viscera report Organo Phosphorus Insecticide poison has been found to the deceased. The applicant has no concern with the alleged incident. The applicant has no criminal history and is in jail since 2.11.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that at the time of alleged incident the applicant was also present at village Kansapur Kariyav, Bhadohi. The applicant and other co-accused harassed and tortured to the deceased for non fulfillment of additional demand of dowry. The deceased died an unnatural death within one year of her marriage, therefore, the applicant is not entitled 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 Pooja Devi involved in Case Crime No. 164 of 2019, under Sectionsection 498A, Section304B, Section504, Section506 IPC and 3/4 D.P. Act, P.S. Bhadohi, District Bhadohi 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 :- 3.1.2020

Masarrat

 

 

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