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Smt. Meena Devi vs State Of U.P. on 13 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 1818 of 2020

Applicant :- Smt. Meena Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Swati Agrawal Srivastava

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 mother-in-law of the deceased. She is languishing in jail since 3.4.2019. She has falsely been implicated in the present case. In postmortem report the cause of death has been shown asphyxia as a result of ante mortem throttling. There is no direct evidence against the applicant. There is general allegation against the applicant. No specific role has been assigned to her. It has further been submitted that during trial the statements of Ramesh Chandra, brother of deceased and Kamal Singh, father of the deceased have been recorded as P.W. 1 and P.W. 2. In their statements the above witnesses have not supported the prosecution version and have been declared hostile. The above witnesses have clearly stated that there was no dispute of demand of dowry. It has further been submitted that applicant has not committed the alleged offence. The co-accused Nihal Singh, father-in-law of the deceased has already been released on bail by another bench of this court vide order dated 6.12.2019 in Criminal Misc. Bail Application No. 26084 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history,

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. Meena Devi involved in Case Crime No. 86 of 2019, under section 498A, 304B, 316 IPC and 3/4 D.P. Act, P.S. Iglas, District Aligarh 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 :- 13.1.2020

Masarrat

 

 

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