Court granted bail to the applicant, mother-in-law of deceased in burning case, on personal bond and two sureties. Conditions included no tampering with evidence, no intimidation of witnesses, and appearance at trial.
Released on bail with personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51439 of 2019
Applicant :- Smt. Manju Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Prasad Mathur 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. The deceased caught fire while she was cooking food. The deceased sustained accidental burn injuries. The husband of the applicant admitted the deceased in district hospital. Thereafter the deceased was admitted in medical college Gorakhpur by the father of the deceased. In medical report it has been mentioned that the patient is alleged to sustain superficial to deep burn injuries accidentally catch of fire while cooking at around 8.30 p.m. on 23.5.2019. No dying declaration of the deceased was recorded. 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. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co accused Pawan Kumar Pandey, devar of the deceased, has already been released on bail by another bench of this court vide order dated 1.11.2019 in Cr. Misc. Bail Application No. 43406 of 2019, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 2.7.2019.
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 Smt. Manju Pandey involved in Case Crime No. 59 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Chilhiya District Sidharthnagar 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 :- 5.12.2019 Gss
2 issues framed by the court
Whether the applicant is entitled to bail under the given facts.
Whether the bail conditions are reasonable and necessary.
2 provisions across 2 enactments
Smt. Manju Pandey
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
