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Smt. Sona vs State Of U.P. on 17 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 25693 of 2019

Applicant :- Smt. Sona

Opposite Party :- State Of U.P.

Counsel for Applicant :- Shashi Prakash Pandey

Counsel for Opposite Party :- G.A.,N.K.Mishra

Hon’ble Arvind Kumar Mishra-I,J.

Heard Sri Satyam Narain, Advocate holding brief of Sri Shashi Prakash Pandey, learned counsel for the applicant, Smt. Shilpi Ojha, Advocate holding brief of Sri N.K. Mishra, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Urge made on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The general and vague allegations have been made against the applicant. No specific allegation regarding the role being played in causing death of the deceased has been attributed to the applicant. Whatever cause for committing the suicide may have been there, that may be only on account of inter-se relationship between the wife and husband. The applicant being mother-in-law of the deceased had no motive ever to indulge in such act as alleged in the first information report. The allegations made against the applicant are baseless and absolutely false. Similarly circumstanced co-accused, Smt. Saroj, sister-in-law of the deceased has been admitted to bail by a coordinate Bench of this Court vide order dated 07.06.2019 in Criminal Misc. Bail Application No.23728 of 2019. In case the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 08.05.2019.

Learned counsel for the complainant has contended that the applicant is none other than mother-in-law of the deceased and the marriage was solemnized in the year 2018. There is no reason for the deceased to have committed the suicide if the applicant would have protected the deceased in her home.

Learned A.G.A. has adopted the contention of the learned counsel for the complainant.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

Let the applicant Smt. Sona involved in Case Crime No.41 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Mahobkanth, District Mahoba be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition with the following conditions;

(i) The applicant will cooperate with the proceeding before the trial court.

(ii)The applicant will appear before the trial court on the date fixed before the trial court.

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

Order Date :- 17.9.2019

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