Allahabad High Court
Lajwati @ Rajwati vs State Of U.P. on 13 August, 2021
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 32
Case :- BAIL No. - 7572 of 2021
Applicant :- Lajwati @ Rajwati
Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
By means of this application, the applicant, who is involved in Case Crime No.58/2021, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of D.P. Act, Police Station Kotwali Nagar, District Sitapur is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant is mother-in-law of the deceased who is said to have died due to hanging on 17.11.2020. It is further submitted that first information report was lodged after two and a half months of the incident i.e. on 31.01.2021 and there is no explanation for the delay in lodging of the said F.I.R.
It has been further submitted that the delay itself cause a reasonable ground to disbelieve the version of the prosecution. It has further been stated that there is no specific allegation of demand of dowry from the applicant who is the mother-in-law of the deceased and therefore, benefit of the judgment passed in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464 be given to the applicant and her bail application may also be considered.
It is further submitted that the co-accused, Kailash @ Kailash Chandra, who is father-in-law of the deceased, has preferred Bail No.6862 of 2021, Kailash @ Kailash Chandra Versus State of U.P. and this court vide its order dated 06.07.2021 has granted bail.
It is further submitted that the case of the applicant stands at the same footing as to that of the case of co-accused person to whom bail has been granted by this court, hence, the applicant is entitled for parity of bail.
On contra, learned A.G.A. has opposed the prayer for grant of bail but unable to dispute the parity of grant of bail to the co-accused person and the submissions raised by the learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case and also on the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant, Lajwati @ Rajwanti, involved in Case Crime No.58/2021, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 D.P. Act, Police Station Kotwali Nagar, District Sitapur, be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021
Saurabh
