Nafeesa v. State of U.P.

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49719 of 2019

Applicant :- Nafeesa Opposite Party :- State of U.P. Counsel for Applicant :- Harshit Pathak,Anurag Pathak Counsel for Opposite Party :- G.A.,Atmaram Nadiwal,Dinesh Kumar Yadav

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned counsel for the complainant, 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. At the time of alleged incident the applicant was living separate from the deceased and her husband. In the postmortem report, the cause of death could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. The applicant has no concern with the alleged incident and has falsely been implicated in the present case due to being mother of the husband of the deceased. The case of the applicant is distinguishable from the case of husband of the deceased. There is no criminal history of the applicant and is in jail since 16.8.2019.

Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the deceased died an unnatural death within 3 years of her marriage. The deceased was a handicapped lady. She was harassed and tortured by the applicant and other co -accused for non fulfilment of demand of dowry. The applicant and other co -accused have committed the alleged offence, therefore, applicant is not entitled for bail.