GEETA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ali Hasan, learned counsel for the applicants virtually and learned AGA for the State.

(2.) Applicants- Smt. Geeta Devi and Bhavesh Kumar Bind have approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 22.2.2021 and 1.3.2021 respectively, passed by Sessions Judge, Jaunpur, in Case Crime No. 15 of 2021, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, P.S. Barsathi, district Jaunpur.

(3.) Learned counsel for the applicants submits that the applicant no.1 and the applicant no.2 were related as Chachiya Saas and maternal Devar respectively to the deceased Sapna Devi. It is the specific case of the applicants that they were living separately in a separate house from the family members of the deceased Sapna Devi. The applicants have no concerned with the day to day life of the deceased and her family members. There is no specific allegation against the applicant in the FIR or in the statement recorded during investigation. The applicant no.1 is a lady aged about 55 years whereas the applicant no.2 is aged about 19 years who is looking after the agricultural work. The allegation of demand of dowry against the applicants are vague and without any basis. The cause of death is reported to be Asphyxia due to ante-mortem hanging. Lastly, it is submitted that the applicants have no criminal history and is languishing in jail since 30.01.2021 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.