Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3882 of 2019 Applicant :- Smt. Gyanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav 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.
By way of the instant application, the applicant seeks bail in Case Crime No.20 of 2018 under Sections 498A, 306 I.P.C., Police Station Mehnagar, District Azamgarh.
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. No offence, whatsoever, has been committed by the applicant. Even in the dying declaration of the deceased, there is commission of suicide on account of self-frustration of the deceased, which cannot be attributed to be act of instigation or abetment made by the applicant in committing the suicide. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The advantage of the provision of Section 437 Cr.P.C. may be given to the applicant as she is a lady. The applicant does not bear any criminal history and is languishing in jail since 24.08.2018.
Per contra, learned A.G.A. has submitted that in this case, dying declaration explicitly connect the person who have indulged in dispute with the deceased, pursuant thereto she committed suicide.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 29.1.2019 rkg