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Sushila Devi vs State Of U.P. on 8 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 901 of 2020

Applicant :- Sushila Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She has falsely been implicated in the present case. The FIR of the alleged incident has been lodged against 4 persons including the applicant making general allegation. No specific role has been assigned to her. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. As per postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. At the time of alleged incident the applicant was living separate from the deceased and her husband. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant is an old lady. There is no direct evidence against the applicant. Co-accused Bhirma Swaroop @ Verma Swaroop father-in-law of the deceased has already been released on bail by this Court vide order dated 3.1.2020 in Criminal Misc. Bail Application No. 58183 of 2019, therefore the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 15.10.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Sushila Devi involved in Case Crime No. 1104 of 2019, (S.T. No. 646 of 2019),under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Baradari, District Bareilly be released on bail on her furnishing a personal bond with 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 evidence.

2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall 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 :- 8.1.2020/

A.

 

 

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