Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26390 of 2019 Applicant :- Smt. Rani Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chand,Som Veer 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 offence has been committed by the applicant. Neither she ever made any demand of additional dowry nor was the deceased subjected to cruelty or harassment by her. There is no incriminating and credible evidence appearing against the applicant to connect him with the alleged offence. 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 13.3.2019.
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 - Smt. Rani involved in Case Crime No. 17 of 2019, under Sections - 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station - Mantola, District - Agra 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 :- 31.7.2019 S Rawat