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Gyanti Devi vs State Of U P

High Court Of Judicature at Allahabad|30 September, 2019
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JUDGMENT / ORDER

Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40761 of 2019 Applicant :- Gyanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vimal Kumar Pandey 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. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. No specific role has been assigned to the applicant. Neither she raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by her. Merely because the applicant is mother-in-law '(sas)' of the deceased, she has been roped in falsely in this case by the informant. 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 15.07.2019.
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 - Gyanti Devi involved in Case Crime No. 0157 of 2018, under Sections - 498A, 304B of I.P.C. and 3, 4 of D.P. Act, 1961, Police Station - Kotwali Padrauna, District - Kushinagar 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 :- 30.9.2019 S Rawat
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Title

Gyanti Devi vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 September, 2019
Judges
  • Arvind Kumar Mishra I
Advocates
  • Vimal Kumar Pandey