RAJPATI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.887 of 2008, under Sections 498-A, 304-B I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Laharpur, District Sitapur. As against the complicity of the applicant it is submitted that her daughter-in-law was asking her husband to take her along for Mela which he refused. Then the husband of the applicant (father-in-law) went to his agricultural field while the applicant performed her work. After 2-3 hours the applicant's husband was informed that daughter-in-law had committed suicide by hanging. He, therefore, immediately informed the police vide G.D. (Annexure-3A). After about one month the F.I.R. was lodged making false allegation of alleged demand of dowry and consequential harassment. The father-in-law has already been enlarged on bail after considering these grounds, vide this Court's order dated 05.03.2009 (Annexure-6). The applicant besides being lady, is aged about 65 years. She is said to be languishing in jail from 22.12.2008. There is no criminal history against her. 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 ground of old age, infirmity and the partial parity, I find it to be a fit case for granting bail. Let the applicant (Smt. Rajpati) 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.