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Smt. Bitrani vs State Of U.P. on 23 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 10085 of 2019

Applicant :- Smt. Bitrani

Opposite Party :- State Of U.P.

Counsel for Applicant :- Permeshwar Dutt Tewari,Kamlesh Kumari

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed by the applicant in FIR/case crime No.111 of 2019, under Sections 498A, Section304-B I.P.C. Section 3/Section4 Dowry Prohibition Act, Police Station Kotwali Sahar, District Hardoi, with the prayer to enlarge her on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 18.09.2019. It is further submitted on behalf of the applicant that as per version of F.I.R. marriage of the victim had taken place with the son of the applicant, i.e. Narendra @ Pintu on 29.05.2018. It is alleged that there was a demand of one four wheeler and Rs.5.00 Lakhs as additional dowry and due to non fulfillment of the said demand, she was done to death by hanging. Applicant is mother-in-law of the deceased. He further submitted that she is not the beneficiary of the demand. He further submitted that infact occurrence had taken place within the jurisdiction of P.S. Kotwali City Hardoi as victim and her husband were living in the house of Avas and Vikas, at Hardoi whereas the applicant was living in Village Daulatpur, P.S. Shahbad. To substantiate the contention, copy of the electoral identification card has been filed. The Independent witness Mahesh Chandra has also stated that applicant is living in village.

Learned counsel for the applicant also submitted that the co-accused Radhey Shyam has been granted bail by this Court vide order dated 22.05.2019 in Bail Application No. 5114 of 2019.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused Radhey Shyam has already been granted bail.

Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant Smt. Bitrani be released on bail in the aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 23.10.2019

S. Shivhare

 

 

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