Sumitra Devi v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4424 of 2019

Applicant :- Sumitra Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

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

According to prosecution case, F.I.R. was lodged on 20.2.2018 by the informant against six accused persons namely, Jawahir (husband), mother-in-law, Lilawati(nanad), Rajkumar (jeth), Fulchand (devar) and Gorakh (devar) alleging that the marriage of deceased Binda was solemnized with Jawahir in April, 2016, they demanded dowry as rupees one lac from the deceased for which the deceased was being tortured by them and on 17.2.2018 they killed Binda by administering poison. According to postmortem report, cause of death could not be ascertained and viscera was preserved.

It is submitted by learned counsel for the applicant that applicant is the lady and mother-in-law aged about 60 years. The applicant is innocent and has been falsely implicated in the present case. Applicant was living separately. He has no concern with deceased and her husband. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She is not beneficiary of alleged demanded dowry. She is languishing in jail since 30.5.2018 (near about eight and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.