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Smt. Phoolwati vs State Of U.P. on 19 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56331 of 2019

Applicant :- Smt. Phoolwati

Opposite Party :- State of U.P.

Counsel for Applicant :- Alok Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Gaurav Gupta, 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 applicant is mother-in-law of the deceased, who is a widow lady and she has falsely been implicated in the present case. The husband of the applicant has died about five years ago from the date of the alleged incident. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The real fact is that due to poor economic condition the deceased was living in depression and in depression the deceased left her home and tired to commit suicide by jumping from the river bridge.The place of occurrence is only 300 meter away from the house of the deceased. The husband of the deceased has admitted to the deceased in hospital to save her life but after three days of the alleged incident the deceased died. It has further been submitted that at the time of the alleged incident the deceased and her husband Akash were living separately in another house. The applicant has falsely been implicated in the present case due to being mother of the husband of the deceased. The applicant has no concern with the alleged incident. It has further been submitted that the applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 16.10.2018.

Per contra, learned counsel for the complainant as well as learned A.G.A have opposed the prayer for bail and argued that as per postmortem report six injuries have been found on the body of the deceased. These injuries have been found on the head of the deceased. The cause of death of the deceased has been shown coma as a result of antemortem head injuries. The applicant and other co-accused after committed marpeet with the deceased thrown her under the bridge of river, 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. Phoolwati involved in Case Crime No. 625 of 2018, under Sections 498A, Section304B, Section323, Section506 IPC and 3/4 D.P. Act, P.S. Kotwali, District Shahjahanpur 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 :- 19.12.2019/A.

 

 

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