HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38089 of 2019
Applicant :- Nema Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore
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 lady aged about 62 years. The applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence and she was living separately. General role has been assigned to her. She has no concern with the so called demand of dowry and she is not the beneficiary of the same. 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 04.06.2019.
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 – Nema Devi involved in Case Crime No. 0078 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Onchha, District – Mainpuri 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 :- 23.9.2019