Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52961 of 2019 Applicant :- Smt. Fahima Opposite Party :- State of U.P.
Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
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 cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. 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 is in jail since 23.8.2019.
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. Fahima involved in Crime No.359 of 2019 under Section 304-B IPC Police Station Mughalpura District Moradabad 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
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 :- 29.11.2019 Gss