NIRMALA Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER 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.1303 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Fatehpur-84, District Unnao. It is submitted that the applicant happens to be a mother-in-law. Out of record it is brought to the notice of the Court that though the offences are not compoundable but the compromise outside the Court was arrived at between the parties. Be that as it may. She is said to be in jail for the last about seven months. 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 for 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. Nirmala) 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.