Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57401 of 2019 Applicant :- Smt. Hajra Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She has falsely been implicated in the present case. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The FIR was lodged against 9 persons including the applicant making general allegation. No specific role has been assigned to her. As per postmortem report the cause of death could not be ascertained, therefore, viscera was preserved. Viscera report has not been received. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident. It has further been submitted that the deceased has committed suicide herself due to dispute with her husband. The applicant has no criminal history and is in jail since 18.7.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Hijra involved in Case Crime No. 628 of 2019, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Civil Lines, District Moradabad be released on bail on her furnishing a personal bond with 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 evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.12.2019 Masarrat