Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34730 of 2019 Applicant :- Shanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. The applicant is the mother-in-law of the deceased. General and vague allegations have been made against the applicant. No specific role has been assigned to the applicant. Neither she raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by her. Merely because the applicant is mother-in-law of the deceased, she has been roped in falsely in this case by the informant. Similarly circumstanced co-accused Radhey Shyam, who is the husband of the applicant, has already been admitted to bail by a coordinate bench of this Court in Criminal Misc. Bail Application No. 29493 of 2018 on 28.2.2019. A copy of the order is annexure-13 to the affidavit filed in support of the bail application. The applicant has no criminal history. She is languishing in jail since 11.4.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out 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 - Shanti Devi involved in Case Crime No. 07 of 2018, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 of Dowry Prohibition Act, Police Station - Parasrampur, District - Basti 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 :- 28.8.2019 N.A.