Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34399 of 2019 Applicant :- Nirmla Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Prakash Chaturvedi 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 is that she has been falsely implicated in this case being mother-in-law of the deceased. No specific role has been assigned to the applicant. Initially, in the F.I.R., there is no mention that the cruelty was committed pursuant to any demand of dowry. No offence whatsoever has been committed by the applicant. Not only the direct blood relations but also remote relations of the applicant have also been roped in, in this case by the informant for sake of vengeance. The fact is that the death occurred, while the deceased was cooking food. She was taken to the hospital by the applicant. After well thought out plan, the investigating officer in the subsequent statement of the prosecution witness recorded statement regarding demand of dowry at belated stage and that cannot be believed. Applicant is having a child of 11- 12 months in her lap. 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 previous criminal history and is languishing in jail since 19.02.2019.
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 Pandey involved in Case Crime No. 09 of 2019, under Sections - 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station - Trilokpur, District - Siddharth Nagar 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 :- 26.8.2019 S Rawat