Smt. Kusum Devi vs State Of U.P.
2019 Latest Caselaw 679 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9433 of 2019
 

 
Applicant :- Smt. Kusum Devi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Gaurav Kakkar
 
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 applicant is mother-in-law of the deceased. The FIR of the alleged incident was lodged against four persons including the applicant. There was no dispute of demand of dowry. There is general allegation against the applicant. No specific role has been assigned to her. The applicant has not administered any poison to the deceased. The deceased was found at Haridwar in unconscious condition. There is no eye witness of the alleged incident. There is no dispute of demand of dowry. There is no dying declaration of the deceased. It has further been submitted that at the time of postmortem the cause of death could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. It appears that some misunderstaning took place in between the deceased and her husband due to which the deceased has left her house and consumed some poisonous substance to commit suicide. The applicant has no concern with the alleged incident. The applicant has no criminal history and is in jail since 3.1.2019.

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. Kusum Devi involved in Case Crime No. 1065 of 2018, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Kotwali City, District Bijnor 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 :- 6.3.2019

Masarrat