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Allahabad High Court · body

2019 DIGILAW 2349 (ALL)

Pinki v. State Of U. P.

2019-10-17

RAJEEV SINGH

body2019
JUDGMENT : Rajeev Singh, J. Heard learned counsel for the applicant, learned A.G.A and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.357 of 2019, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Gola, District Kheri, with the prayer to enlarge her on bail. 3. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 06.08.2019. It is further submitted on behalf of applicant that the son of applicant was in love with the deceased and their marriage was solemnized on their own will, as a result, her son was residing away from the family and the applicant was not having relation with her son and the deceased. In such circumstances, question does not arise for demand of any dowry or victimization of the deceased. He further submitted that the deceased committed suicide in the residence of her husband, as both were living separately in Gola in a rented room, but merely on the basis of concocted facts, the F.I.R. was lodged by the father of the deceased and roped in the entire family of the applicant. 4. Learned counsel for the applicant further submitted that the investigation was not conducted appropriately and no case is made out against the applicant. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that due to victimization of the husband of the deceased and the applicant, the deceased committed suicide and he further submitted that the deceased died within seven years from the date of marriage, therefore, the applicant is not entitled for bail. 6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. 7. 6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant Smt. Pinki be released on bail in the aforesaid Case Crime on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.