HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53902 of 2019
Applicant :- Smt. Shakuntla Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Shruti Malviya
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased.Initially the FIR of the alleged incident was lodged under Sectionsections 498-A, Section307, Section323, Section328 IPC and 3/4 D.P. Act.The deceased died on 5.8.2019 during the treatment after five days of the alleged incident. There is no dying declaration of the deceased and her statement has also not been recorded by the investigating officer.As per postmortem report the cause of death of the deceased has been shown coma due to antemortem hanging. The viscera was preserved but the viscera report has not been received. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant.There is no direct evidence against the applicant. The applicant is a lady aged about 55 years. The applicant has no concern with the alleged incident. The deceased has committed suicide herself due to trauma and as she was unable to conceive a child and she was under treatment with doctor Pramita Hora Juneja since 20.5.2019. It has further been submitted that the deceased was admitted in hospital and entire expenses of treatment was borne by the husband of the deceased. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 28.8.2019.
Per contra, learned A.G.A opposed the prayer 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. Shakuntla Devi involved in Case Crime No. 134 of 2019, under Sections 498A, Section323, Section328, Section304B, SectionIPC and 3/4 D.P. Act, P.S. Nazirabad, District Kanpur Nagar 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 :- 5.12.2019