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Smt. Jayanti Devi vs State Of U.P. on 4 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 8379 of 2019

Applicant :- Smt. Jayanti Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Umesh Kumar Dubey

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 on behalf of the applicant in Case Crime No.178 of 2018 under Sections 498A, Section304 B I.P.C, and Section 3/Section4 Dowry Prohibition Act, Police Station- Badosarayan, District-Barabanki, 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 18.04.2019.

It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. Learned counsel for the applicant has further submitted the the marriage of the applicant’s son was solemnized with the deceased on 06.05.2018 and thereafter, after the Vidai ceremony the deceased went to her parental house and on 31.07.2018 she returned to her in-laws house and on 07.08.2018 she consumed insecticide, as a result, her condition was found serious, when it came into the knowledge of her family members, then she was brought to the hospital, where she died. Thereafter, said information was given to the family members of the deceased and the Police by the family members of the applicant. Thereafter, inquest of the body of the deceased was conducted on 08.08.2018 at 12:05 a.m. Learned counsel for the applicant has further submitted that at the time of inquest, the informant was present along with family members of the applicant including his son (husband of the deceased). During the course of inquest, the informant has not alleged any allegations regarding the demand of dowry and thereafter, on 10.08.2018 after three days, the written complaint was given, as a result, the FIR No.178 of 2018 under Sections 498A, Section304 B I.P.C, and Section 3/Section4 Dowry Prohibition Act, Police Station-Badosarayan, District-Barabanki was registered. In the FIR, general allegations have been made against all the family members of the applicant. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

Learned A.G.A. opposes the prayer of the applicant and submitted that the death of the deceased was caused after consuming insecticides and he further submitted that the deceased died just after three months of marriage.

It is evident from the record that the cause of death is due to consuming of insecticide and no such specific allegations are made against the applicant and at the time of inquest and no complaint was raised to the Police.

Considering the rival submissions of learned counsel for parties, material available on record 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. Jayanti Devi- be released on bail in Case Crime No.178 of 2018 under Sections 498A, Section304 B I.P.C, and Section 3/Section4 Dowry Prohibition Act, Police Station- Badosarayan, District-Barabanki, 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 :- 4.9.2019

Amit/-

 

 

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