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Smt. Kiran vs State Of U.P. on 24 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 38454 of 2019

Applicant :- Smt. Kiran

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pt. S.P. Sharma

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. No specific role has been attributed to the applicant. Whatever grievance the informant has, in fact it is attributable to the act of the son of the applicant. She being mother-in-law of the deceased has been falsely roped-in, in this case. The entire real facts of this case has been brought to this Court by way of various averments contained in the affidavit of the bail application. 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 6.7.2019.

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 – Smt. Kiran involved in Case Crime No. 61 of 2019, under Sections – 498A, 304B SectionI.P.C. and Section – 3/4 of D.P. Act, Police Station – Girwan, District – Banda 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 :- 24.9.2019

S Rawat

 

 

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