Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55925 of 2019 Applicant :- Rahmati Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is mother-in-law of the deceased. She has falsely been implicated in the present case. At the time of alleged incident the applicant was living separate from the deceased and her husband. There is general allegation against the applicant. No specific role has been assigned to her. In postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Liyakat, Sharafat, Sonam @ Ravina and Rubi @ Nanhi, Jeths and Jethanies of the deceased, have already been released on bail by this court and by another bench of this court vide orders dated 12.12.2019 and 21.10.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 8.7.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Rahmati involved in Case Crime No. 185 of 2019, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Pooranpur, District Pilibhit be released on bail on her furnishing a personal bond with 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 evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall 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 Masarrat