Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25127 of 2021 Applicant :- Smt. Imarati Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal,Devesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Smt. Imarati Devi, in Case Crime No. 13 of 2021, under Sections 498-A, 304-B, IPC and Section 3/4 of D.P. Act, Police Station Magorra, District Mathura.
Learned counsel for the applicant argued that the accused- applicant is innocent; she has been falsely implicated in this very case crime number being mother-in-law and is languishing in jail since 21.3.2021; she is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; she has not been specifically accused for any specific occurrence of demand of dowry or cruelty with regard to it; rather general allegation has been levelled against each member of family; husband is already in jail; first information report itself reveals that it was husband who took deceased to hospital and got her admitted there at; she was admitted at Medical College too; but unfortunately, she succumbed. It was an accidental death. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Smt. Imarati Devi, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 27.7.2021 Ravi Prakash