SAVITRI DEVI 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.235 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Nababganj, District Gonda. It is submitted on behalf of the applicant that she happens to be an unfortunate mother-in-law aged about 66 years and there are general allegations against all the family members including the applicant. The co-accused Ram Lakhan Mishra, father-in-law (applicant's husband) having similar allegation against him, has already been enlarged on bail vide this Court's order dated 04.02.2009 passed in Criminal Miscellaneous Case No.273 (B) of 2009. It is claimed that there is no criminal history against her. She is said to be in jail from November, 2008. 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 also the age and infirmity of the applicant, I find it to be a fit case for granting bail. Let the applicant (Smt. Savitri 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.