The court allowed bail to the applicant, a mother-in-law accused under 498-A, 304-B IPC, holding it to be a fit case despite general allegations, noting absence of direct evidence against her.
Released on bail by furnishing a personal bond and two sureties each with conditions against tampering with evidence and intimidating witnesses.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47495 of 2019
Applicant :- Asarfi Devi Alias Guddi Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. In the postmortem report, the deceased died due to burn injury. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no direct evidence against the applicant. There is dying declaration of the deceased. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and she is in jail since 22.4.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Asarfi Devi Alias Guddi involved in Case Crime No.65 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Sadabad District Hathras be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
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 :- 4.12.2019 Gss
2 issues framed by the court
Whether the applicant is under a risk of absconding or tampering with evidence making bail inappropriate.
Whether the case is a fit case for granting bail in a 498-A/304-B IPC matter.
3 provisions across 2 enactments
Asarfi Devi Alias Guddi
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
