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Shanti Devi vs State Of U.P. on 3 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53539 of 2019

Applicant :- Shanti Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Ali Hasan,Istiyaq Ali

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. As per postmortem report the cause of death of the deceased has been shown asphyxia as a result of smothering. The applicant has no concern with the alleged incident. There was matrimonial dispute in between the deceased and her husband. In first information report it has been mentioned that co-accused Arvind Trigunayit, Satya Prakash Trigunayit and Anand Trigunayit have committed the murder of the deceased and they have thrown the dead body in-front of irrigation machine of Krishna Upadhyay. It has further been submitted that co-accused Arvind Trigunayit (husband of the deceased), Babul Nath Trigunayit, (father in-law), Amrit Lal Dubey (jeth) and Anand Trigunayit (jeth) of the deceased have already been released on bail by another bench of this Court vide orders dated 13.3.2019, 28.2.2018, 13.3.2018 and 27.5.2019 respectively, therefore, the applicant is also entitled for bail. There is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant is a lady. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 15.10.2019.

Per contra, learned A.G.A 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 Shanti Devi involved in Case Crime No. 1085 of 2017, under Sections 498A, Section304B, Section506 IPC and 3/4 D.P. Act, P.S. Badlapur, District Jaunpur 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 :- 3.12.2019/A.

 

 

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