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Savitri Devi vs State Of U.P. on 19 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56423 of 2019

Applicant :- Savitri Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Ram Bahadur,Ravi Jha,Sr. Advocate, Anil Srivastava

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. There is general allegation against the applicant. No specific role has been assigned to her. There was love marriage in between the deceased and her husband. The husband of the deceased was a constable and he was living at Varanasi. The applicant was living separate at Ambedkar Nagar. She has no concern with the alleged incident. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Om Prakash, father-in-law of the deceased has already been released on bail by this court vide order dated 7.12.2019 in Criminal Misc. Bail Application No. 54337 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 26.9.2019.

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 Savitri Devi involved in Case Crime No. 228 of 2019, under Sectionsection 498A, Section304B, Section506 IPC and 3/4 D.P. Act, P.S. Chetganj, District Varanasi 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 :- 19.12.2019

Masarrat

 

 

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