Smt. Raja Beti v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43825 of 2023 Applicant :- Smt. Raja Beti Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi,Gaurav Dwivedi Counsel for Opposite Party :- G.A.,Ramesh Chandra Upadhyay Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.158 of 2023 at Police Station-Shamshabad, District-Agra under Sections 498A, 304B, 323 IPC and Section 3/4 of the D.P. Act. The applicant is in jail since 18.08.2023. The bail application of the applicant was rejected by the learned trial court on 19.09.2023. The following arguments made by Shri Kamlesh Kumar Dwivedi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ramesh Chandra Upadhyay, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant is the mother-in-law of the deceased.

¶2The applicant never harassed the deceased nor did she demand dowry.

¶3She never interfered in the marital life of the deceased and her husband. She resided separately.

¶4There were matrimonial disputes between the deceased and her husband due to failing mental health of the latter.

¶5On the fateful day, she became depressed and took an extreme step of ending her life. The deceased committed suicide by hanging.

¶6The postmortem report opines the cause of death as asphyxia due to antemortem hanging.

¶7Injuries depicted in the postmortem report consistent with hanging are:

(i) Nature of ligature mark.

(ii). The hyoid bone was intact.

¶8The applicant did not aid or abet the suicide.

¶9The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Smt. Raja Beti be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.10.2023 Ashish Tripathi High Court of Judicature at Allahabad