Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55750 of 2019 Applicant :- Phool Samandri Opposite Party :- State of U.P.
Counsel for Applicant :- Brahma Kumar Tiwari 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. At the time of alleged incident the applicant was living separate from the deceased and her husband. 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 died natural death. The F.I.R. of the alleged incident was lodged after cremation of the deceased. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. The applicant is a lady. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and she is in jail since 2.4.2019.
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 Phool Samandri involved in Case Crime No. 170 of 2019( S.T.No. 547 of 2019), under Section 498-A, 304- B, 201 IPC Police Station Khatauli District Muzaffar Nagar 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