Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6600 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44515 of 2024 Applicant :- Kewalmati Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Mohd. Mustafa Khan, learned counsel for the applicant, 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. 124 of 2024, registered under Sections 498-A, 304-B I.P.C. and Section 3/4 of DP Act Police Station Khesraha, District Siddharthnagar, 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. Applicant is mother-in-law of the deceased. Applicant has not made any demand of dowry as alleged in the FIR. Cause of death is due to asphyxia as a result of ante mortem injury. In FIR it is alleged that dead body was found in the veranda where inquest was done after information received by the informant. Instant FIR has been lodged with malicious intention. Applicant has no previous criminal history. The applicant is languishing in jail since 29.06.2024. 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. has opposed the bail prayer of 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, Kewalmati, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before
issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii.
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. Order Date :- 15.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad