JASSA Vs. STATE OF U P

JUDGEMENT

(1.) These three criminal appeals arise out of a common judgment dated 04.09.2017 passed by the Sessions Judge, Hapur and therefore the bail applications filed therein, being Criminal Misc. Bail Application No.353659 of 2017 filed on behalf of appellant-Smt. Jassa, Criminal Misc. Bail Application No.353610 of 2017 filed on behalf of appellant-Satyendra and Criminal Misc. Bail Application No.348556 of 2017 filed on behalf of appellant-Babal alias Pravin, convicted and sentenced in S.T. No.144 of 2015 arising out of Case Crime No.337 of 2014, u/s 498A, 323, 307, 304B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Babugarh, District-Hapur, are being decided together by a common order.

(2.) Heard learned counsel for the applicants-appellants and learned A.G.A. and also perused the record.

(3.) Submission of counsel for the appellants is that the prosecution story as has been set up is false and concocted as there was no demand of dowry ever made and no cruelty or ill-treatment was inflicted upon the deceased. Further submission is that one of the appellants Smt. Jassa Devi is mother-in-law and is about 65 years in age therefore on the ground of oldness she may be released on bail. Contention is that the evidence produced in defence is indicating the absence of appellants on the place of occurrence at the time of incident. It has also been submitted that actually the deceased was a mental patient and therefore in a state of depression she committed suicide. Contention is that in view of the aforesaid facts the appellants should be released on bail.