PREMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.584 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sadarpur, District Sitapur. It is submitted on behalf of the applicant that she happens to be an unfortunate mother-in-law. The father-in-law having similar allegation against him, has already been granted bail. It is also said that she lives with her husband separately and has also a separate ration card prepared on 26.09.2006. The incident is of July, 2008. She is said to be in jail from August, 2008. Besides everything she is a lady and hence entitled to the beneficial provision of Cr.P.C. in respect of bail. There is no criminal history against her. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity and her being a lady, I find it to be a fit case for granting bail. Let the applicant (Smt. Prema Devi) be enlarged on bail on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.