HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 47136 of 2019
Applicant :- Rajwati @ Rajjo
Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay
Counsel for Opposite Party :- G.A.,Anant Ram Dube
Hon’ble Bachchoo Lal,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant,learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. At the time of the alleged incident the applicant was living separate from the deceased and her husband.There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has no concern with the alleged incident. In postmortem report the cause of death of the deceased has been shown asphyxia?s a result of antmortem throttling. The applicant has not committed the alleged offence.There is no direct evidence against the applicant. The applicant is a lady aged about 60 years old. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 21.5.2016.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that as per postmortem report three injuries have been found on the body of the deceased and the cause of death of the deceased has been shown asphyxia?s a result of antmortem throttling. The applicant and other co-accused have committed the murder of the deceased. The deceased died within four years of her marriage, therefore, the applicant is not entitled 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 applicant Rajwati @ Rajjo involved in Case Crime No. 58 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Dholana, District Kasganj be released on bail on her 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 applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant 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 applicant.
Order Date :- 2.12.2019/A.
