Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51740 of 2019 Applicant :- Reena Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu 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 daughter-in-law of the deceased. The FIR of the alleged incident has been lodged against two persons including the applicant making general allegation for committing marpit with the deceased. No specific role has been assigned to the applicant. In FIR as well as in the statements of witnesses no weapon has been shown in the hands of the applicant. It has further been submitted that as per postmortem report only one contusion has been found on the body of the deceased and the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. The viscera report has not been received. It has further been submitted that at the time of alleged incident the age of the deceased was about 65 years. The applicant has no concerned with the alleged incident. There was matrimonial dispute in between the applicant and her husband Babloo (informant) due to which the applicant has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 14.9.2019.
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 Reena involved in Case Crime No. 484 of 2019, under section 304 IPC, P.S. Rasoolabad, District Kanpur Dehat 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 :- 27.11.2019 Masarrat