Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52842 of 2019 Applicant :- Meena Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Maurya 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 mother-in-law of the deceased. The Investigating Officer has also recorded the statement of Narendra Kumar, the husband of the deceased. In his statement he has stated that at the evening on 17.10.2018 some hot talk has taken place in between the deceased and him thereafter he had gone to Durgapuja. When he returned in the night at 10-11 p.m. at that time his wife was not present at the house. He also informed to the parents of the deceased. In the next morning at 7.00 a.m. he came to know that the dead body of the deceased was lying on railway track thereafter, he cremated the dead body of the deceased. In the statement of informant Satendra Kumar Yadav it has come that the husband of the deceased used to beat the deceased demanding dowry. The applicant has no concern with the alleged incident and has falsely been implicated in the present case due to being mother of the husband of the deceased. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. 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 she is in jail since 29.5.2019..
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 Meena Devi involved in Case Crime No.171 of 2018 under Section 498-A, 304-B, 201 IPC and 3/4 D.P.Act, Police Station Bairiya District Ballia 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