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Smt. Ramlali vs State Of U.P. on 1 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 41309 of 2019

Applicant :- Smt. Ramlali

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jitendra Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Aniruddha Singh,J.

Sri Akhil Sharma, Advocate filed his Vakalatnama on behalf of the applicant is taken on record and Sri Shiv Kumar Yadav, Advocate filed his Vakalatnama on behalf of the complainant is also taken on record.

Heard learned counsel for the applicant, Sri J.P. Gupta, learned A.G.A. for the State, Sri Shiv Kumar Yadav, learned counsel for the complainant and perused the record.

According to prosecution case, F.I.R. was lodged against five accused persons, namely, Sudeep Suman, Satish Chandra Suman, Sandeep Suman, Gudiya Suman ‘Jethani’ and Ramlali-mother-in-law alleging that Vandna Saini, sister of the complainant, was married before four years in the year 2015 with Sudeep Suman and on 20.5.2019 she found dead and according to postmortem report, cause of death was found asphyxia as a result of ante-mortem strangulation. Hyoid bone of the deceased was found fractured.

Learned counsel for the applicant submitted that applicant is a lady and mother-in-law and is languishing in jail since 18.6.2019 (more than three months) having no criminal history. She is living separately and she is not beneficiary of so called demand of dowry. She has no concern with the deceased. Deceased has committed suicide herself. The applicant is innocent and has been falsely implicated in this case. There is no independent witness/eye witness account and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. as well learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Smt. Ramlali involved in Case Crime No. 221 of 2019, under Section 498A, Section304B, Section302 IPC and 3/4 of SectionDowry Prohibition Act, Police Station-Bisalpur, District- Pilibhit be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 1.10.2019

OP

 

 

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