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Raj Kumari @ Kumari Devi And … vs State Of U.P. on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50495 of 2019

Applicant :- Raj Kumari @ Kumari Devi And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Jitendra Prasad Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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

Learned counsel for the applicants submits that the applicants are mother-in-law and father-in-law of the deceased. There was no dispute of demand of dowry. The applicants have not harassed or tortured the deceased and have not compled the deceased to commit suicide. As per postmortem report the cause of death of the deceased could not be ascertained, therefore, the viscera was preserved.The viscera report has not been received till date. It has further been submitted that there is general allegation against the applicants.There is no direct evidence against the applicants. The applicants have not committed the alleged offence.The case of the applicants are distinguishable from the case of the husband of the deceased. There is no criminal history of the applicants and are in jail since 16.9.2019.

Per contra, learned A.G.A 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 applicants Raj Kumari @ Kumari Devi and Jag Narayan Ram involved in Case Crime No. 358 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Phoolpur, District Varansi be released on bail on their 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 applicants will not tamper with the evidences.

2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicants 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 applicants.

Order Date :- 19.11.2019/A.

 

 

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