Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30332 of 2019 Applicant :- Vidya Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Preetam Yadav 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 is innocent and has been falsely implicated in this case. The general and vague allegations have been made against the accused including the present applicant who happens to be Jethani of the deceased. She has no role to play in the commission of the offence as she was residing separately. Merely on account of relative of the husband of the deceased, the present applicant has been falsely implicated in this case. The case of the present applicant is very much distinguishable from the husband of the deceased. Neither she raised any demand of dowry at any point of time nor was the deceased subjected to cruelty or harassment by her.
It has been further added that similarly circumstanced co-accused Jilajeet, husband of the present applicant has already been admitted to bail by this Court vide order dated 30.05.2019 in Criminal Misc. Bail Application No.22787 of 2019. 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 13.06.2019.
Learned counsel for the complainant and learned A.G.A. have 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 Vidya Devi involved in Case Crime No.05 of 2019, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sarpataha, District Jaunpur 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 :- 30.7.2019 rkg