Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36340 of 2021 Applicant :- Bindu Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Debee Shanker Pandey Counsel for Opposite Party :- G.A.,Santosh Kumar Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Santosh Kumar Tiwari, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that the applicant is innocent and has been falsely implicated in this case only because she is mother-in-law of the deceased. Although the deceased at that point of time when the incident took place was with her husband and her husband may alone explain as to how and under what circumstances the death occurred but how can the applicant being mother-in-law of the deceased residing in another room of the same house, come to know about the death of the deceased. Therefore, the case of the present applicant is distinguishable from the case of the husband of the deceased. Co-accused Kailash who is father-in- law of the deceased has already been admitted to bail by coordinate Bench of this Court vide order dated 19.08.2021 in Criminal Misc. Bail Application No.24653 of 2021. 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 06.03.2021.
Learned counsel for the informant and learned A.G.A. opposed prayer for bail.
Upon consideration of 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 Bindu Devi involved in Case Crime No.10 of 2021, under Sections 498A, 302, 504 I.P.C., Police Station Purandarpur, District Maharajganj 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 :- 27.10.2021 rkg