Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57347 of 2019 Applicant :- Meera Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ambreesh Kumar 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.
Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. The FIR of the alleged incident was lodged against four persons including the applicant making general allegation. No specific role has been assigned to the applicant. As per postmortem report two contusion have been found on the body of the deceased with ligature mark and the cause of death of the deceased has been shown asphyxia due to strangulation. There is no eye witness of the alleged incident. The applicant has not committed any marpeet with the deceased. The applicant has no concern with the alleged incident. Neither the applicant has harassed or tortured to the deceased nor committed the alleged offence. At the time of the alleged incident the applicant was not present at her house. The applicant is a poor lady and on the day of the alleged incident she had gone outside for routine work as labourer in flour mill of one Avnish. The applicant has falsely been implicated in the present case due to being mother of husband of the deceased. There is no criminal history of the applicant and is in jail since 3.10.2019.
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 Meera Devi involved in Case Crime No. 748 of 2019, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Auraiya, District Auraiya 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 :- 20.12.2019/A.