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Smt. Baikunthi Devi vs State Of U.P. on 12 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35687 of 2019

Applicant :- Smt. Baikunthi Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pankaj Kumar Gupta

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased.Neither she raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by her. General and vague allegations have been made against the applicant who has been falsely implicated in the present case due to ulterior motive. The allegations on the face are general in nature. He adds that post-mortem report reflects that the injury sustained on the body of the deceased could be caused by hanging. It is next contended that the applicant does not have any criminal antecedent and she is in jail since 21.03.2019 and in case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Under the similar circumstances co- accused Ashok Kumar (father-in-law of the deceased) has been admitted to bail by this Court on 28.8.2019 in Criminal Miscellaneous Bail Application No.34904 of 2019, copy whereof has been annexed as Annexure No.SA-1 to the supplementary affidavit.

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

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Smt. Baikunthi Devi- involved in Session Trial No.240 of 2019 arising out of Case Crime no.101 of 2019, under Sections 498A, Section304-B IPC and Section 3/4 D.P. Act, Police Station Jasrana, District Firozabad be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-

1. The applicant shall not tamper with the prosecution evidence;

2. The applicant shall not pressurize the prosecution witnesses;

3. The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.

Order Date :- 12.9.2019

Raj

 

 

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