HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49711 of 2019
Applicant :- Smt Meera @ Meena Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Shukla,Amit Daga
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Sri Rajesh Dutt Pandey, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 12 persons including the applicant making general allegation. No specific role has been assigned to the applicant. According to the postmortem report two contusion have been found with the ligature mark on the body of the deceased but it has not been specified as to who has caused these injury. In postmortem report the cause of death of the deceased has been shown asphyxia as a result of strangulation. There is no eye witness of the alleged incident. The applicant has not committed the alleged offence. The applicant is a lady and at the time of the alleged incident she was living separate from the deceased and her husband. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 7.6.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the marriage of the deceased was solemnized in the month of March, 2019 and the alleged incident has taken place on 30.5.2019 and two contusion have also been found with the ligature mark on the body of the deceased and hyoide bone has also been found fractured. The cause of death of the deceased has been shown asphyxia as a result of strangulation. The applicant and other co-accused have committed the murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt Meera @ Meena Devi involved in Case Crime No. 296 of 2019, under Sections 498A, Section304B, Section120-B IPC and 3/4 D.P. Act, P.S. Kosikalan, District Mathura be released on bail on her furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will 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 :- 19.11.2019