Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57443 of 2019 Applicant :- Smt. Tulsa Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava 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. The FIR has been lodged against 6 persons including the applicant making general allegation. No specific role has been assigned to her. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. As per postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. One contusion was also found on the body of the deceased with ligature mark. The applicant has no concern with the alleged incident. Neither the applicant has committed marpit with deceased nor compelled the deceased to commit suicide. There is no direct evidence against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 23.8.2019.
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 Smt. Tulsa Devi involved in Case Crime No. 208 of 2019, under section 498A, 304B IPC and 3/4 D.P. Act, P.S. Baldev, District Mathura 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 :- 20.12.2019 Masarrat