Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13682 of 2019 Applicant :- Shakuntala Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra,Santosh 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.
Urge made on behalf of the applicant is confined to the ambit that the applicant being mother-in-law of the deceased has been falsely implicated in this case. The general and vague allegations have been made against the accused including the applicant. No offence, whatsoever, has been committed by the applicant. The applicant being old lady may be extended benefit of the provisions of 437 Cr.P.C. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 16.02.2019.
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 Shakuntala Devi involved in Case Crime No.146 of 2018, under Sections 304B, 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Manikpur, District Chitrakoot be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.7.2019 rkg