HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50696 of 2019
Applicant :- Smt.Madeena
Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Nanad of the deceased. She is not beneficiary of dowry. At the time of alleged incident the applicant was at her Sasural. She has no concern with the alleged incident. The dying declaration of the deceased was also recorded in which she has made allegation against her mother-in-law Sharifan for setting her on fire after pouring kerosene oil. In her dying declaration it has come that applicant also made comments upon the deceased. Except this there is no cogent evidence against the applicant. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 12.10.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Madeena involved in Case Crime No. 102 of 2019, under Sectionsection 498A, Section304B IPC and 3/4 D.P. Act, P.S. Etmaddaula, District Agra be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.11.2019