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Smt. Suneeta Devi vs State Of U.P. on 7 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54345 of 2019

Applicant :- Smt. Suneeta Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Kali Charan Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard Sri Parmod Kumar Singh,holding brief of Sri Kali Charan Yadav, 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. In first information report the date and year of marriage has not been mentioned. The real fact is that the marriage of the deceased was solemnized prior eight years back from the date of alleged incident and gauna ceremony was solemnized in the year 2015. The informant has produced a marriage card of the deceased in which the date of marriage of the deceased has been shown as 7.5.2017 which is a forged document. It has further been submitted that applicant belongs to a very poor family and his husband is a rickshaw puller and there is no question of demand of dowry. At the time of the alleged incident the applicant was living separate from the deceased and her husband. In postmortem report the cause of death of the deceased has been shown asphyxia due to antemortem hanging. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 25.9.2019.

Per contra, learned A.G.A has 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. Suneeta Devi involved in Case Crime No. 117 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Gaur, District Basti 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 :- 7.12.2019/A.

 

 

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