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Raja Beti vs State Of U P

High Court Of Judicature at Allahabad|27 October, 2021
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JUDGMENT / ORDER

Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33274 of 2021 Applicant :- Raja Beti Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A.,Rakesh Kumar Yadav
Hon'ble Rajiv Joshi,J.
Heard Sri Sanjeev Kumar Rathore, learned counsel for the applicant, learned A.G.A. for the State and Sri Rakesh Kumar Yadav, learned Counsel for the informant and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.94 of 2021, under Sections 498A. 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Usarahar, District Etawah during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R. lodged by the brother of the deceased his sister was married with the son of the applicant two years ago and the accused applicant tortured her resulting into the dowry death. The cause of death according to postmortem report is hanging. It is further contented that general allegation of demand of dowry has been leveled against the applicant and other co-accused persons while the husband of the deceased is responsible for the alleged offence as the death was occurred within two years of marriage and there is presumption against him under Section 113B of Evidence Act. The case of the husband is distinguishable from the case of the applicant. It is next contended that there is a case of separate living as stated in paragraph no.09 of the affidavit filed in support of the bail application. Lastly it is contended that the applicant is a lady (mother-in-law of the deceased) and is languishing in jail since 27.05.2021 having no criminal history to her credit as stated in paragraph no.13 of the affidavit filed in support of the bail application and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned AGA as well as learned Counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Raja Beti involved in aforesaid crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 S.P.
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Title

Raja Beti vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 October, 2021
Judges
  • Rajiv Joshi
Advocates
  • Rakesh Kumar Rathore Sanjeev Kumar