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Smt Asha vs State Of U.P. on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 23160 of 2019

Applicant :- Smt Asha

Opposite Party :- State Of U.P.

Counsel for Applicant :- Priyanka Devi,Satya Prakash Rathor

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant has been confined to the extent that the applicant is mother-in-law of the deceased. She has become victim of baseless allegations on account of fact that her daughter-in-law died in suspicious circumstances due to strangulation caused by some person. There is no evidence linking the applicant with the commission of the crime. Admittedly, it is a case where the applicant resides separately from the deceased and another co-accused, husband of the deceased who is son of the applicant. The applicant neither raised any demand for dowry nor has she maltreated or tortured her daughter-in-law (deceased). The marriage in question was love marriage and the deceased of her own free will without any dispute used to reside with her husband. In case the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.05.2019.

Learned A.G.A. has opposed prayer for bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

Let the applicant Smt. Asha involved in Case Crime No.230 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Mahoba/Kotwali Mahoba, District Mahoba be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 13.9.2019

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