Smt. Somwati And Another vs State Of U.P.
2019 Latest Caselaw 676 ALL

Citation : 2019 Latest Caselaw 676 ALL
Judgement Date : 6 March, 2019

Allahabad High Court

Smt. Somwati And Another vs State Of U.P. on 6 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9456 of 2019
 

 
Applicant :- Smt. Somwati And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that applicants are mother-in-law and father-in-law of the deceased. There was no dispute of demand of dowry. The marriage of the deceased was solemnized with the son of applicants in the year 2012. The applicants have not harassed or tortured to the deceased. There is general allegation against the applicants. No specific role has been assigned to them. At the time of alleged incident the applicants were living separate from the deceased and her husband. There is no dying declaration of the deceased and there is no eye witness of the alleged occurrence. The case of the applicants is distinguishable from the case of husband of the deceased. The applicants have no criminal history and are in jail since 14.9.2018.

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 applicants Smt. Somwati and Pratap Singh involved in Case Crime No. 904 of 2018, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Bhognipur, District Kanpur Dehat be released on bail on their 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 applicants will not tamper with the evidence.

2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. They 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 applicants.

Order Date :- 6.3.2019

Masarrat