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Muniya Devi vs State Of U.P. on 22 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43763 of 2019

Applicant :- Muniya Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh

Counsel for Opposite Party :- G.A.,

Hon’ble Arvind Kumar Mishra-I,J.

Parcha filed by Sri R.S. Ram, Advocate on behalf of the complainant is taken on record.

Heard learned counsel for the applicant, Sri R.S. Ram, learned counsel for the complainant, 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 she has been falsely implicated in this case being mother-in-law of the deceased. No offence has been committed by the applicant. 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 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 21.08.2019.

Sri R.S. Ram, learned counsel for the complainant has vehemently opposed the prayer for bail and has submitted that the applicant is mother-in-law of the deceased and she is the centre point of the entire family.

Learned A.G.A. has also 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 – Muniya Devi involved in Case Crime No. 193 of 2019, under Sections – 304B, 498A SectionI.P.C. and 3/4 D.P. Act, Police Station – Nandganj, District – Ghazipur 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 :- 22.10.2019/S Rawat

 

 

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