Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54137 of 2019 Applicant :- Smt. Mamta Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Nath Tripathi,Narendra Nath Tripathi 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 devrani 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. There is no eye witness of the alleged occurrence. The deceased set herself on fire after pouring kerosene oil. The applicant tried to save the deceased due to which she also sustained burn injuries. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The applicant is a lady. There is no criminal history of the applicant and is in jail since 27.8.2019.
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. Mamta Devi involved in Case Crime No. 161 of 2019, under Section 498-A, 304 IPC Police Station Barhaj District Deoria 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 :- 16.12.2019 Gss