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Rambeti @ Prema vs State Of U.P. on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 32346 of 2019

Applicant :- Rambeti @ Prema

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ramesh Kumar Pandey,Ameet Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Raj Beer Singh,J.

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

It has been argued by the learned counsel for the applicant that the applicant is a lady and has been falsely implicated in this case and that she is not named in the FIR. Initially the case of prosecution was that the deceased was called by her husband at Statelight Bus Stand, Bareilly on the pretext of presenting gift and thereafter deceased disappeared and allegedly she was murdered by her husband. It was submitted that the allegation regarding the alleged murder of deceased are against co-accused Rohitash @ Rohit Piyush (husband of the deceased). It was submitted that later on during investigation the prosecution has developed a case regarding dowry demand and Sections 498A, and 304-B were also added. It was stated that initially no witness has stated that the applicant-accused used to demand dowry or harass the deceased. It was further submitted that the co-accused Sonam, who is sister-in-law (Jethani) of the deceased has already been granted bail by the learned Session Judge, Bareilly in Criminal Misc. Bail Application No. 1516 of 2019 vide order dated 15.05.2019 and that in case applicant is released on bail she will not misuse the liberty of bail and will co-operate in the trial. It has been further argued that the applicant is languishing in jail since 25.05.2019. having no criminal history.

Learned A.G.A. opposed the prayer for bail and argued that deceased has been murdered within a short span of one month of her marriage. The role of the applicant is distinguished from co-accused Rohitash @ Rohit Piyush (husband of the deceased).

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let applicant Rambeti @ Prema involved in Case Crime No. 72 of 2019, under Sections 498-A, Section201, Section304-B, Section302 of IPC and 3/4 of SectionDowry Prohibition Act, P.S. Baradari, District- Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which he is suspected.

5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 13.8.2019

A. Tripathi

 

 

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