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Sharamwati @ Jaywati v. State Of U.p

Sharamwati @ Jaywati v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 23168 of 2024 | 08-07-2024

1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.122 of 2024, registered under Sections 498-A, 304, I.P.C. & 3/4 Dowry Prohibition Act, Police Station Jareefnagar, District Budaun during pendency of the trial.

3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is mother-in-law of the deceased and allegation alleged in the FIR is false and concocted. Marriage of the deceased was solemnized with the son of the applicant six years before. Cause of death is asphyxia ante-mortem hanging. After marriage two daughters were born. General allegation of demand of dowry is false and baseless. Prosecution case is not supported by any material evidence. Applicant has no criminal history. The applicant is languishing in jail since 30.04.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.

4. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the facts argued by learned counsel for the applicant.

5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

6. Let the applicant, Sharamwati @ Jaywati, who is involved in the aforesaid case 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Advocate List
  • Kapil Tiwari

  • G.A.,Manoj Pathak

Bench
  • Hon'ble Mr. Justice Deepak Verma
Eq Citations
  • 2024/AHC/110068
  • LQ/AllHC/2024/5260
Head Note