USHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are 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.830 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Khiron, District Rae Bareli. It is submitted that the applicant happens to be an unfortunate mother-in-law who is aged about 76 years and has become infirm due to old age. This averment has not been controverted in the counter affidavit. It is also submitted that there are general allegations regarding alleged demand of dowry and consequential harassment. Further the attention of the Court was drawn towards Annexure-6 which is an order of granting bail in favour of her husband (father-in-law). There is no criminal history against her. She is said to be in jail from 23.12.2008. 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 old age and infirmity and also the ground of parity, I find it to be a fit case for granting bail. Let the applicant (Smt. Usha 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.