Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3878 of 2019 Applicant :- Smt. Chunki Devi @ Savitri Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shanker Tiwari 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. The applicant being the married Nanad of the victim has no connection with the offence alleged. The marriage took place 10-11 prior to the incident. To say that the incident took place within 7 years of the marriage is absolutely baseless and false. The benefit of the provision of Section 437 Cr.P.C. may be given to the applicant as she is a lady. Similarly circumstanced co-accused Smt. Maya Devi who happens to be mother-in-law of the victim has already been admitted to bail by this Court vide order dated 29.01.2019 in Criminal Misc. Bail Application No.3889 of 2019.
It is further added that Vikas who happens to be husband of the victim has already been admitted to bail by this Court vide order dated 28.06.2018 in Criminal Misc. Bail Application No.23952 of 2018, copy whereof has been annexed vide annexure no.12 to the affidavit filed in support of this bail application. The case of the present applicant stands on lesser footing to that of co- accused Vikas who has already been admitted to bail by this Court. The applicant does not bear any criminal history and is languishing in jail since 03.01.2019.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
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. Chunki Devi @ Savitri Devi involved in Case Crime No.206 of 2018, under Sections 498A, 302 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Puwayan, 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 :- 29.1.2019 rkg