The court allowed a bail application for Phoola Devi, alleged to be the mother-in-law of the deceased, in a case involving Dowry Death, subject to standard bail conditions and furnishing of sureties.
Release on bail by furnishing a personal bond and two heavy sureties, subject to specific conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31092 of 2019 Applicant :- Phoola Devi Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant, who is mother in law of deceased, is innocent and has been falsely implicated in the present case. She has not committed the present offence. General role has been assigned. Cause of death is burn injury. Dead body of deceased was taken out breaking the door. Deceased committed suicide. Neither the applicant made any demand of additional dowry nor deceased was subjected to cruelty or harassment by her. The applicant has no criminal history. She is languishing in jail since 29.5.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Phoola Devi involved in Case Crime No. 50 of 2019, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Dildar Nagar, District - Ghazipur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.11.2019
safi
1 issue framed by the court
Whether the accused is entitled to bail in a case involving Dowry Death and Dowry Prohibition.
Phoola Devi
State of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
