Smt. Kavita vs State Of U.P.
2019 Latest Caselaw 501 ALL

Citation : 2019 Latest Caselaw 501 ALL
Judgement Date : 5 March, 2019

Allahabad High Court

Smt. Kavita vs State Of U.P. on 5 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9097 of 2019
 
Applicant :- Smt. Kavita
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Jamshed Khan
 
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 initially the FIR was lodged under section 498A and 304B IPC and 3/4 D.P. Act against 3 persons including the applicant. During investigation the case was converted under section 306 IPC. In fact, there was no illicit relation in between the applicant and husband of the deceased. The applicant is a widow lady. The deceased has committed suicide due to confusion of illicit relation of applicant and husband of the deceased. There is no cogent evidence on record with regard to the illicit relation of the applicant and husband of the deceased. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. The applicant has no criminal history and is in jail since 12.12.2018.

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 Smt. Kavita involved in Case Crime No. 262 of 2018, under section 306 IPC, P.S. Dhanari, District Sambhal 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 :- 5.3.2019

Masarrat