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Rajpati vs State Of U.P. on 2 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13637 of 2019

Applicant :- Rajpati

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pramod Kumar Singh,Ashish Kumar Singh

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. The deceased sustained burn injuries while she was cooking food. The applicant and her other family members tried to admit the deceased in hospital but she died on the way. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to her. There is no dying declaration of the deceased. The applicant is an old lady aged about 65 years. She has no concern with the alleged incident. The applicant has no criminal history and is in jail since 28.2.2019.

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 Rajpati involved in Case Crime No. 102 of 2018, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Khiri, District Prayagraj 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 :- 2.4.2019

Masarrat

 

 

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