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Sahidun Shah vs State Of U.P. on 9 January, 2020


?Court No. – 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7930 of 2019

Applicant :- Sahidun Shah

Opposite Party :- State of U.P.

Counsel for Applicant :- Ramesh Kumar Chaurasia

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard Sri Ramesh Kumar Chaurasia, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant Sahidun Shah with a prayer to enlarge him on bail in Case Crime No. 270 of 2018, under Sections 498A, 304B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Sikanderpur, District Ballia.

From perusal of the first information report it appears that the accused-applicant along with two other co-accused persons have caused the death of the daughter-in-law and her two children by burning them on account of non fulfilment of demand of dowry.

Learned counsel for the applicant has submitted that the applicant is mother-in-law of the deceased. She was not involved in the crime as she was living separately with the deceased. Further submission is that the deceased persons were taken to the hospital by the accused side. It has been stated that the deceased and her two children have committed suicide by poring kerosene oil on them in the absence of the family members because there was some quarrel between the husband and the wife. There was no demand of dowry as both the sides are poor persons. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 06.12.2018, hence, she is entitled to bail.

Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet in the matter.

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant shall not indulge in any criminal activity.

(ii) The applicant shall not tamper with the prosecution evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.

In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

Order Date :- 9.1.2020




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