Smt. Sudama Devi vs State Of U.P.
2012 Latest Caselaw 3898 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16266 of 2009
 

 
Petitioner :- Smt. Sudama Devi
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Janardan Yadav
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

The present bail application has been filed for enlarging the accused applicant on bail in Case Crime No.68 of  2006, S.T. No.408 of 2008, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police station Nasirpur, District Firozabad.

Heard the learned counsel for the accused applicant as well as the learned A.G.A. and perused the record.

It is contended that the accused applicant is the mother-in-law of the deceased and she has been falsely implicated in the instant case. It is further contended that no specific role has been assigned to the accused applicant and only generalized allegations havee been made against her in the first information report. 

As against this, the learned A.G.A. has opposed the bail application and submitted that in her dying declaration, the deceased has assigned overt act and specific role to the mother-in-law along with brother-in-law Amlesh.  The learned lower court has rightly rejected the bail application as the post mortem report clearly shows that burn injury were found all over person of the deceased.

Considering the dying declaration made by the deceased and the percentage of the burn injury sustained by the  deceased and there is no subsequent conduct of the mother-in-law in saving the life of the deceased,  at this stage I do not think it to be a fit case for grant of bail to the accused applicant,

The bail application is, therefore, rejected.

Order Date :- 31.8.2012

SC