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Smt. Shitla Devi vs State Of U.P. on 3 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58190 of 2019

Applicant :- Smt. Shitla Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Narendra Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Arvind Kumar Srivastava, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She has falsely been implicated in the present case. The FIR of the alleged incident has been lodged against 6 persons including the applicant. The entire family members including minor children have been roped in the alleged offence. There is no direct evidence against the applicant. At the time of alleged incident the applicant was not present at her house.In postmortem report the cause of death has been shown asphyxia due to hanging which shows that the deceased has committed suicide herself. The real fact is that there was age difference of 9 years in between deceased and her husband. The husband of the deceased was 9 years younger to the deceased due to which the deceased was in depression. The marriage of deceased was not solemnized according to her wishes. The deceased was highly educated lady. Neither the applicant has committed marpit with the deceased nor compelled the deceased to commit suicide. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 12.11.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that injuries have also been found on the body of the deceased with ligature mark. The deceased was harassed and tortured for non fulfillment of demand of dowry by the applicant and other co-accused. The applicant has committed the alleged offence, therefore, she is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Smt. Shitla Devi involved in Case Crime No. 0210 of 2019, under Sectionsection 498A, Section304B IPC and 3/4 D.P. Act, P.S. Kishni, District Mainpuri be released on bail on her furnishing a personal bond with 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 evidence.

2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall 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 :- 3.1.2020

Masarrat

 

 

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