Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30686 of 2019 Applicant :- Kalindi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri 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.
While describing various facets of the case, it has been claimed that in this case, the applicant happens to be mother-in-law of the deceased. Neither she raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by her. General and vague allegations have been made against the applicant. Merely because the applicant is mother-in-law 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 absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 03.03.2019.
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- Kalindi Devi involved in Case Crime No.60 of 2019, under Sections 498A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Gagaha, District Gorakhpur 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 :- 31.7.2019 Raj