HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 42042 of 2019
Applicant :- Smt Sarvesha
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh
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. The applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. 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. The victim/deceased committed suicide because of the depression on account of not being blessed with issue even three years after the marriage. 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 19.06.2019.
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 – Smt Sarvesha involved in Case Crime No. 110 of 2019, under Sections – 498A, 304B SectionI.P.C. 3/4 D.P. Act, Police Station – Paraur, District – Shahjahanpur 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