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Smt. Rajbala vs State Of U.P. on 8 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 42211 of 2016

Applicant :- Smt. Rajbala

Opposite Party :- State of U.P.

Counsel for Applicant :- Dileep Kumar Yadav,Pradeepta Kumar Shahi,Vimlendu Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Ajay Bhanot,J.

The supplementary affidavits filed today in Court in Criminal Misc. Bail Application Nos. 42213 of 2016 and 42211 of 2016, are taken in the record.

Heard Shri Araf Khan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

The applicant was arrested pursuant to his being named in an F.I.R. lodged as Case Crime No. 929 of 2015, under Sections 304B and Section498A I.P.C. read with Section 3/Section4 of the Dowry Prohibition Act, Police Station-Bahjoi, District Sambhal. The applicant is in jail since 27.01.2016.

The applicant is the mother-in-law of the deceased Renu.

Shri Araf Khan, learned counsel for the applicant contends that the prosecution witness P.W.1, namely, Kunwar Pal, who is the father of the deceased-Renu, has deposed before the learned trial court that there was no demand of dowry made by the applicant. P.W. 1 has further stated in his testimony before the learned trial court that his daughter Renu (since deceased) always had fullsome praise for her in-laws and was very happy in her matrimonial home. P.W.1 further elaborated that his daughter Renu (since deceased) used to constantly inform him that her husband and in-laws showered affection upon her and took full care of her. She was not troubled or harassed in any manner by her in-laws or her husband. A statement which was consistent to the deposition of P.W. 1, was also given by P.W. 2, namely, Smt. Satyavati, the mother of the deceased Renu before the learned trial court.

Learned counsel for the applicant contends that the applicant does not have any criminal history and has been falsely implicated.

Learned A.G.A. could not dispute the submissions from the record or upon instructions.

The applicant is entitled to bail. The applicant directed to be enlarged on bail.

The learned concerned court shall release the applicantSmt. Rajbala on bail in Case Crime No. 929 of 2015, under Sections 304B and Section498A I.P.C. read with Section 3/Section4 of the Dowry Prohibition Act, Police Station – Bahjoi, District Sambhal, on his furnishing a personal bond and sureties of amount to be set by the court concerned with the following conditions:

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(iv) In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

(v) Identity, status and proof of residence of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 8.1.2020

Dhananjai

 

 

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