HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13778 of 2019
Applicant :- Smt. Parmeshwari
Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha
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. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to her. In postmortem report the cause of death of the deceased has been shown asphyxia due to ante mortem hanging which shows that the deceased has committed suicide herself.The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 27.10.2018.
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. Parmeshwari involved in Case Crime No. 368 of 2018, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Kundarki, District Moradabad 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 :- 3.4.2019