Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56810 of 2019 Applicant :- Mamta Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is married nanand of the deceased and she is living at Gujrat The applicant has no concern with the alleged incident. The applicant is not a beneficiary of alleged demand of dowry. The applicant has not harassed or tortured to the deceased. The applicant has falsely been implicated in the present case due to being sister of the husband of the deceased. There is no direct evidence against the applicant. As per postmortem report the the opinion with regard to the death of the deceased is pending and the viscera was persevered. The viscera report has not been received till date. It has further been submitted that co-accused Kamla Devi, mother-in-law, Chhotu, dever, Santosh @ Daroga, jeth and Ashok, jeth of the deceased have already been released on bail by another bench of this Court vide orders dated 30.7.2019, 18.9.2019 and 6.11.2019 respectively, therefore, the applicant is also entitled for bail, There is no criminal history of the applicant and is in jail since 21.10.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mamta Devi involved in Case Crime No. 41 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Mirzamurad, District Varanasi 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 co-operate 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 :- 19.12.2019/A.