Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30280 of 2019 Applicant :- Kamla Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Chauhan,Siddharth Nandan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
It is submitted by learned counsel for the applicant that the applicant is innocent and old lady aged about 70 years and has been falsely implicated in the present case. Applicant is the 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. There is no motive to commit the offence as alleged in the FIR.The applicant has no criminal history. She is languishing in jail since 17.04.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Kamla Devi- involved in case crime no.0041 of 2019, under Sections 498A, 304B IPC and 3/4 of D.P. Act, Police Station Mirzamurd, district Varanasi 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 :- 30.7.2019 Raj