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Jhola Devi vs State Of U.P. on 16 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 29941 of 2019

Applicant :- Jhola Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Joveen Kumar

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 is that the applicant is the mother-in-law ‘(sas)’ of the deceased. She is an old widow lady. The applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. The applicant is living separately from the deceased and her husband. General and vague allegations have been made against the applicant. Neither she ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by her. In fact, the deceased herself was interested in living with her husband at Surat, due to which she was under mental distress and she committed suicide. 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 14.05.2019.

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 – Jhola Devi involved in Case Crime No. 122 of 2019, under Sections – 323, 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Karchhana, District – Prayagraj (Allahabad) 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 :- 16.9.2019

S Rawat

 

 

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