Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29895 of 2019 Applicant :- Nirmla Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Awadh Maurya,Manoj Kumar Mishra 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.
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. The applicant has not played any specific role. The main role of causing assault has been assigned to Prakash. There is no motive for committing any offence. The dispute in question took place amongst the family members. She being lady, the advantage of provisions of Section 437 Cr.P.C may be extended to her. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 4.6.2019.
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 - Nirmla Devi involved in Case Crime No.
33 of 2019, under Sections - 323, 504, 506, 304 I.P.C., Police Station - Brijmanganj, District - Mahrajganj 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 :- 25.7.2019 S Rawat