Smt.Vidya Devi vs State Of U.P.
2013 Latest Caselaw 6660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6491 of 2013
 

 
Applicant :- Smt.Vidya Devi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- O.P.Yadav,Ved Prakash Yadav
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

It is contended by learned counsel for the applicant that according to the prosecution version the marriage of the deceased was solemnized with the co-accused Subhash Saroj on 28.6.2011. The allegation of demand of dowry and subjecting the deceased to cruelty is against the applicant and other co-accused persons. According to the post mortem examination report the deceased has died due to burn injury and co-accused Mahavir Saroj who is father-in-law of the deceased has been released on bail by the another bench of this court in Crl. Misc. Bail Application No. 7096 of 2012. The case of the applicant is based on the same footing with the case of co-accused Mahavir Saroj. Her case is distinguishable with the case of co-accused Subhash Saroj who is husband of the deceased.

In reply of the above contention, it is submitted by learned A.G.A. that co-accused Mahavir Saroj has been released on bail, but applicant is mother-in-law of the deceased and there was allegation of demand of dowry, therefore, the applicant may not be released on bail.

Considering the submissions made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present co-accused Mahavir Saroj whose case is based on the same footing with the case of the applicant has been released on bail, therefore, the applicant is entitled for bail. But her case is distinguish with the case of co-accused Subhas Saroj, who is husband of the deceased.

Let the applicant Smt. Vidya Devi involved in case crime no. 172 of 2012 under Sections 498-A, 304-B I.P.C. and section 3/4 D.P. Act, P.S. Aaspur Deosara, District  Prataptgarh  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 he shall be taken into custody forthwith.

Order Date :- 28.10.2013/RPD