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SHIBYA DEVI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Shibya Devi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24998 of 2006 [2006] RD-AH 21604 (21 December 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh, J.

  Heard learned counsel for the applicant and the learned A.G.A.

        It is submitted by learned counsel for the applicant that the applicant is the mother in law of the decease. The marriage of the deceased was solemnized about  one and half year prior the alleged incident. The cause of death is was strangulation.

It is further contended that the applicant was living separately and she has not made any demand of dowry and the deceased was never subjected to cruelty. Her age is 70 years and her husband has been murdered on 23.11.2006. Its F.I.R. has been lodged by the son of the applicant on 24.11.2006 at about 16.00 at P.S. Bichwan district Mainpuri. The husband of the deceased is in jail. There was no one in the family to look after the case and to do parivi.

In reply of the submissions made by the learned counsel for the applicant it is submitted by the learned A.G.A. that there is specific allegation in respect of demand of dowry. The deceased has been murdered by way of strangulation. The applicant is more responsible being the mother in law of the deceased to look after the welfare of the deceased. Therefore, she may not be released on bail.

Considering the facts, circumstances of the case and the submission made by the learned counsel for the applicant and the learned A.G.A. on merits of the case the applicant is not entitled for bail but  considering the fact that the husband of the applicant has been murdered on 23.11.2006, she is entitled for bail.

Let the applicant  Shibya Devi involved in case crime no.256         of 2006  under Sections 498-A,304-B I.P.C., and ¾ D.P. Act     P.S.Bichhwan  District Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Dated:  21.12.2006

NA/24998/06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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