Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11383 of 2018 Applicant :- Smt. Kusum Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged 15.7.2017 by the informant against three accused persons namely, Gokul, Gaurav and Kushum alleging that the marriage of victim was solemnized with Gokul before nine years back, they demanded dowry from the victim for which the victim was being tortured and beaten by them and they forcibly giving poison and attempted to kill by hanging.
It is submitted by learned counsel for the applicant that applicant is the lady and mother-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present matter. There is no medical evidence in support of prosecution case. There is dispute between husband and wife. She is languishing in jail since 29.1.2018 (more than two month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Kusum involved in Case Crime No. 102 of 2017, under Sections 498-A, 323, 307, 328 IPC, P.S.
Behsooma, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.3.2018 A. Singh