Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29815 of 2019 Applicant :- Prabhavati Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Maurya,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.P.S. Parmar, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased aged about 65 years and has been falsely implicated in the present case as the marriage between the daughter of the informant, namely, Ranjana Devi and son of the applicant, namely, Dharmendra Tiwari was solemnized in the year 2010. He next argued that initially the FIR was lodged under Section 302 I.P.C. but during the course of investigation it was found that it a case of abetment for committing suicide, hence, the case was converted under Section 306 I.P.C. Only general allegation has been levelled against the applicant. As per the post mortem report, the cause of death of the deceased is asphyxia as a result of ante mortem hanging. There is no dying declaration against the applicant nor there is any eye witness account of the incident. The husband of the deceased is in jail. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant-Prabhavati Devi involved in Case Crime No.136 of 2019, under Section 306 I.P.C. and 3/4 D.P. Act, Police Station Aurai, District Bhadohi.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 25.7.2019 NS