BITAULI Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record. Rejoinder affidavit has already been filed. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.684 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sandana, District Sitapur. It is submitted that the applicant happens to be an unfortunate mother-in-law against whom general allegations have been made. The younger brother of the husband (Devar) has already been enlarged on bail, it is submitted. It is also submitted that the cause of death could not be ascertained in this case and the viscera report is still awaited. She is said to be in jail from 24.10.2008. There is no criminal history against her. Besides she is a lady and also entitled to get the benefit of the relevant provision contained in the Cr.P.C. in respect of granting bail in favour of the ladies. However, the bail is 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 having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Smt. Bitauli) 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.