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Smt. Vimla Devi vs State Of U.P. on 19 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56808 of 2019

Applicant :- Smt. Vimla Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Vidya Kant Rai

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard 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. The applicant has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. In postmortem report the cause of death of the deceased could not be ascertained, therefore the viscera was preserved. In viscera report oregano cloro insecticide poison has been found to the deceased. 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 Smt. Priyanka, devrani and Rai Kant Pandey @ Amit Pandey, devar of the deceased have already been released on bail by another bench of this Court vide orders dated 17.9.2019 and 26.11.2019 respectively, therefore the applicant is also entitled for bail.There is no criminal history of the applicant and is in jail since 27.7.2019.

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. Vimla Devi involved in Case Crime No. 3 of 2018, under Sections 498A, Section304B,Section328 IPC and 3/4 D.P. Act, P.S. Kurawali, District Mainpuri 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 :- 19.12.2019/A.

 

 

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