Citation : 2016 Latest Caselaw 1877 ALL
Judgement Date : 26 April, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12747 of 2016 Applicant :- Smt. Rajo Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Srivastava 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. There was no dispute of demand of dowry. The applicant has not harassed and tortured to the deceased. There is general allegation against the applicant. No specific role has been assigned to her. It has further been submitted that in post-mortem report the cause of death of the deceased has been shown asphyxia due to ante-mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant is a lady. The case of the applicant is distinguishable from the case of husband of the deceased. There is no criminal history of the applicant and she is in jail since 14.01.2016.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Smt. Rajo involved in Case Crime No.348 of 2015, Under Section 304-B IPC and 3/4 D.P. Act, Police Station Noopur, District Bijnor, 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 evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate 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 :- 26.4.2016
Jitendra
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