HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54539 of 2019
Applicant :- Ram Sheela
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Rai
Counsel for Opposite Party :- G.A.,Shri Mangala Prasad Rai, Senior Adv.
Hon’ble Bachchoo Lal,J.
Learned counsel for the applicant Sri Mangala Prasad Rai has pointed out that his name has wrongly been shown in the list as counsel for the complainant.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. The applicant has falsely been implicated in the present case. The FIR of the alleged incident was lodged against three persons including the applicant making general allegation. No specific role has been assigned to the applicant. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. The deceased has committed suicide herself. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of the husband of the deceased. The applicant is a lady. There is no criminal history of the applicant and is in jail since 5.10.2019.
Per contra, learned A.G.A has 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 applicant Ram Sheela involved in Case Crime No. 88 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Bhawarkol, District Gazipur 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 :- 9.12.2019/A.