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Smt Haneefa @ Hani vs State Of U.P. on 22 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28967 of 2019

Applicant :- Smt Haneefa @ Hani

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pankaj Kumar Tyagi

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Sri Amit Rana, Advocate has filed memo of appearance on behalf of the complainant, which is taken on record.

Heard learned counsel for the applicant, Sri Amit Rana, learned counsel for the informant, Sri Om Narain Tripathi, learned A.G.A. assisted by Sri S.C. Dwivedi, Sri Bhanu Prakash Singh, Sri Jitendra Kumar, learned Brief Holders for the State and perused the material available on record.

By way of the instant application, the applicant seeks bail in State Case No. 860 of 2019 arising out of Case Crime No. 330 of 2018, under Sections 498A, Section304B, Section323 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Falawada, District – Meerut.

Contention raised on behalf of the applicant is that the applicant is the mother-in-law of the deceased. She is above 60 years of age. The applicant is innocent and has been falsely implicated in the present case. The applicant never raised any demand of dowry. She has not committed the present offence and she was living separately from the deceased. The doctor who gave treatment to the deceased, has given death certificate that the death is due to Candiopulusy Arrest. She is a law abiding citizen and in case she is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. Applicant has no criminal history and is languishing in jail since 23.05.2019.

Per contra, Sri Amit Rana, learned counsel for the informant has submitted that in this case, two doctors are involved and the first doctor, who gave the treatment has sided with the applicant and has not come out with true facts, which is exposed by the conduction of postmortem examination report of the deceased, wherein injuries on the 8th, 9th and 10th ribs of the left side of the deceased along with other injuries on the body were detected and the cause of death was due to ante-mortem injuries. Obviously, the deceased was beaten up, due to which she sustained injuries and died during course of treatment and this cruelty was perpetrated due to non-fulfilment of dowry demand. The applicant’s complicity and role cannot be minimized because she is an old lady above 60 years of age. The incident took place approximately three and a half months from the date of the marriage. Under circumstances, the applicant is required to explain as to how the ante-mortem injury is responsible for death of the deceased.

Learned A.G.A. has adopted contention of the learned counsel for the complainant.

Considered the rival submissions, perused the material brought on record and the enormity of the offence. No good ground is made out for bail.

Consequently, the instant bail application is rejected, at this stage.

However, it is expected that the trial shall be concluded expeditiously, in accordance with law.

It is made clear that observation made in this order shall have no bearing on the merits of the case and the trial court shall not be prejudiced by the same.

Order Date :- 22.7.2019

S Rawat

 

 

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