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Smt. Vidya @ Lambardarin vs State Of U.P. on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49049 of 2019

Applicant :- Smt. Vidya @ Lambardarin

Opposite Party :- State of U.P.

Counsel for Applicant :- Sudhir Kumar (Chandraul),Vijeta Kushwaha

Counsel for Opposite Party :- G.A.,Nitin Vishwakarma

Hon’ble Bachchoo Lal,J.

Sri Kedar Nath Mishra, Advocate pointed out that his name has wrongly been shown in the list as counsel for the complainant.

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

Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. 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. In postmortem report the cause of death of the deceased could not be ascertained, therefore, the viscera was preserved. It has further been submitted that 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. It has further been submitted that co-accused Narendra Kumar and Mathura Prasad @ Akhilesh have already been released on bail by another bench of this Court vide order dated 30.9.2019 in Criminal Misc. Bail Application Nos. 40757 of 2019 and 40776 of 2019 respectively, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 25.6.2015.

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. Vidya @ Lambardarin involved in Case Crime No. 303 of 2019, under Sections 498A, 304B, SectionIPC and 3/4 D.P. Act, P.S. Kotwali Karwi, District Chitrakoot 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 :- 19.11.2019

A.

 

 

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