HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 7505 of 2019
Applicant :- Smt. Prem Kumari
Opposite Party :- State Of U.P.
Counsel for Applicant :- Avadhesh Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.456 of 2018, under Sections 498A, Section304 B I.P.C and Section 3/4 D.P. Act, Police Station-Kheri, District-Kheri, with the prayer to enlarge him on bail.
It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the case, she is having no previous criminal history and is in jail since 02.04.2019. It is further submitted on behalf of applicant that the FIR was lodged on the information of father of deceased. Learned counsel for the applicant has further submitted that in the FIR, it is alleged that on 16.12.2018 the deceased went to her maternal house along with her brother-in-law (dewar) and on 19.12.2018 she came back to her in-laws’ house and after coming back, the applicant demanded money and vehicle from the victim and when she expressed her inability, the applicant started beating her, then the deceased made a call to her maternal house and informed that she was being beaten brutally, thereafter, when the informant inquired into then, he got the information that his daughter died. Learned counsel for the applicant has further submitted that as per the prosecution case, the deceased herself informed about the brutal beating, but postmortem report reveals that no any antemortem injuries was found on the body of the deceased. Learned counsel for the applicant has further submitted that the viscera was preserved, the viscera report shows the poison contents was found. Learned counsel for the applicant has further submitted that due to some dispute at her maternal house, she came back to in-laws house, thereafter, she consumed poison. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Smt. Prem Kumari- be released on bail in Case Crime No.456 of 2018, under Sections 498A, Section304 B I.P.C and Section 3/4 D.P. Act, Police Station-Kheri, District-Kheri, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 6.8.2019
Amit/-
