HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 9501 of 2019
Applicant :- Smt. Vidyawati
Opposite Party :- State Of U.P.
Counsel for Applicant :- Suman Lata,Anita Singh
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.126 of 2019 under Sections 326, Section498A, Section304 B I.P.C and Section 3/4 D.P. Act, Police Station-Sareni, District-Raebareli, with the prayer to enlarge her on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history. It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased and general allegation has been levelled in the FIR for demand of dowry. Learned counsel for the applicant has further submitted that in the dying declaration of the victim, she categorically stated that her husband poured kerosene oil on her and ablazed and she also stated in her statement that she was suffering from fever and she requested to her husband for brining some medicine but in place of bringing medicine, he ablazed her. Learned counsel for the applicant has further submitted that sister-in law of the deceased Smt. Anita has been granted bail by court below. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that she was in association regarding the demand of dowry but he does not disputed that in the statement of the deceased she categorically stated that her husband ablazed her after some quarrel.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Smt. Vidyawati- be released on bail in Case Crime No.126 of 2019 under Sections 326, Section498A, Section304 B I.P.C and Section 3/4 D.P. Act, Police Station-Sareni, District-Raebareli, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.10.2019