Smt Bholi v. State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23455 of 2022

Applicant :- Smt Bholi Opposite Party :- State of U.P. Counsel for Applicant :- Nisheeth Yadav Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant Smt.Bholi with a prayer to release her on bail in Case Crime No.347 of 2021, under Sections 304-B, 498-A, 328 I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Bhojipura, District Bareilly during pendency of the trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is mother-in-law of the deceased and cause of death of the deceased is due to consuming rat pills. Zinc phosphide has been found in the viscera report. It is next argued that the applicant was living separately with the deceased. He next submitted that the allegation of demand of dowry in the First Information Report is totally false and fabricated. Prosecution has no evidence that applicant forced the deceased to consume rat pills. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 27.01.2022 and in case she is enlarged on bail she will not misuse the liberty of bail.