PHOOL DULARI Vs. STATE OF U P

JUDGEMENT

(1.) REJOINDER 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.2737 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Ganga Ghat, District Unnao. It is submitted that there are general allegation against the applicant who happens to be an unfortunate mother-in-law living separately and having a separate ration card. During the course of arguments an original ration card was submitted for perusal. It appears to has been issued on 30.04.2006 and the sl. no. 519390 is also mentioned as a number of previous ration card while the new number of the ration card is 92837. There is no criminal history against her. She is languishing in jail from November, 2008. Besides everything she is a lady and therefore entitled to get the benefit of the relevant provisions contained in the Cr.P.C. 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 particularly having regard to the submissions made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Smt. Phool Dulari) 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.