Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46449 of 2017 Applicant :- Smt. Lajja Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Ravindra Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent, she has been falsely implicated in the present case being mother-in-law of the deceased. Initially FIR has been lodged under section 304-B IPC but later on chargesheet has been filed under section 302 IPC. Further argued that there is general allegation of demand of dowry and subjecting the deceased to cruelty. The applicant is living separately and she has no concerned with the family affair of the deceased and her husband. It is further submitted that the case of the applicant is identical to the case of co-accused Amar Singh - who has already been granted bail by this Court on 8.11.2017 in Criminal Misc. Bail Application No. 31477 of 2017, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 30.05.2017.
Learned AGA opposed the prayer for bail but admitted the fact that co-accused having the same role has already been granted bail vide order dated 8.11.2017.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Lajja Devi involved in Case Crime No. 55 of 2017, under Sections 498-A, 304-B, 302/34 IPC and section 3/4 D.P. Act, P.S.- Lohamandi, District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
i. The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.
ii. The applicant will not tamper with the witnesses.
iii. The applicant will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 29.11.2017 RPD