HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 42040 of 2019
Applicant :- Budhiya Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. No offence has been committed by the applicant. She being mother-in-law of the deceased has been falsely roped-in, in this case. There is no direct evidence collected against the applicant to connect him with the alleged offence. Neither she ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by her. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 22.05.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant – Budhiya Devi involved in Case Crime No. 70 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 D.P. Act, Police Station – Dhata, District – Fatehpur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 15.10.2019