Smt.Foolkali vs State Of U.P.
2013 Latest Caselaw 6635 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6515 of 2013
 

 
Applicant :- Smt.Foolkali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rakesh Kumar Tripathi
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and Sri Ajai Pratap Singh, learned counsel for the complainant.

It is contended by learned counsel for the applicant that FIR of this case has been lodged on 6.8.2013 at 9.15 P.M. in respect of the incident allegedly occurred on 3.8.2013. The applicant is mother-in-law of the deceased. The marriage of the deceased was solemnized with the co-accused Sunil Kumar Chaudhary on 26.5.2013. According to the post mortem examination report the deceased has died due to hanging. She has sustained a ligature mark. The case of the applicant is distinguishable with the case of husband of the deceased. The applicant is old woman aged about 68 years, she may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that applicant is mother-in-law of the deceased. There was demand of dowry and subjecting the deceased to cruelty. The deceased has died due to hanging, it is unnatural death occurred within seven years of her marriage. In such circumstances, the applicant may not be released on bail.

Considering the submissions made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from the perusal of the record it appears that applicant is mother-in-law of the deceased, the cause of death is due to hanging. The case of the applicant is distinguishable with the case of husband of the deceased.

Let the applicant Foolkali involved in case crime no. 376 of 2013 under Sections 498-A, 323, 506, 304 I.P.C. and section 3/4 D.P. Act, P.S. Kotwali, District Sitaput be released on bail on her furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned with the conditions:

*That the applicant shall not tamper with the evidence.

*That she shall report to the court of C.J.M. concerned in the first week of each month to show her good conduct  and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned condition, the bail granted to the applicant shall be deemed cancelled and she shall be taken into custody forthwith.

Order Date :- 28.10.2013/RPD