Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35764 of 2018 Applicant :- Smt. Asha Opposite Party :- State Of U.P.
Counsel for Applicant :- Jamwant Maurya Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA 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 no specific role has been assigned to the applicant and there is nothing reflective on complicity of the applicant. The incident took place at the house of the father of the deceased herself. In her dying declaration, the deceased has falsely made statement that demand of dowry was raised by the applicant as well. The applicant resides separately from the deceased and her husband and the case of the applicant is distinguishable from the co-accused. The deceased in the custody of her parents has given dying declaration and no specific role has been assigned in the dying declaration against the applicant. The applicant is languishing in jail since 02.04.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits 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. Asha involved in Case Crime No.693 of 2017, under Sections 498A, 323, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kosikalan, District Mathura 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 :- 20.9.2018 rkg