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Vindrawati vs State Of U.P. on 26 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 39793 of 2019

Applicant :- Vindrawati

Opposite Party :- State Of U.P.

Counsel for Applicant :- Siddharth Saran

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 she has been falsely implicated in this case being married sister-in-law ‘(nanad)’ of the deceased. No offence has been committed by the applicant. The allegations levelled against the applicant in the first information report are bald and baseless. The applicant has categorically stated in paragraph no. 10 of the affidavit filed in support of the bail application that she is living separately. The co-accused- Km. Manita, unmarried sister-in-law ‘(nanad)’ of the deceased has already been admitted to bail by this court on 16.9.2019 passed in Criminal Misc. Bail Application No.36100 of 2019 (SectionKm. Manita vs. State of U.P.), copy whereof has been annexed as Annexure No.9 to the affidavit filed in support of this 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 22.06.2019.

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 – Vindrawati involved in Case Crime No. 138 of 2019, under Sections – 498A, 306 SectionI.P.C., Police Station – Dudhara, District – Sant Kabir Nagar 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 :- 26.9.2019

S Rawat

 

 

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