Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33909 of 2019 Applicant :- Sonam @ Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Mishra,Kripa Shankar Shukla 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 the applicant happens to be sister-in-law of the deceased and the real sister of the husband of the deceased. She has no specific role to play. She is not the beneficiary of the alleged demand of dowry. She is unmarried and is in jail since 25.5.2019. The case of the applicant is distinguishable with the case of other co-accused being the sister-in-law of the deceased. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 25.5.2019.
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 Sonam @ Sonu involved in Case Crime No.
36 of 2019, under Sections 498-A,304-B I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station Pahari, District Chitrakoot, 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 :- 21.8.2019 N.A.