KAMLA 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.1558 of 2008, under Sections 498-A, 304-B I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Ajgain, District Unnao. As against the complicity of the applicant it is submitted that she happens to be a mother-in-law who claims separate living. Besides it is pointed out that it has been specifically averred in para 6 of the bail application that while the deceased was cooking food in the evening due to her carelessness as a consequence whereof an unfortunate incident of burning took place. The attention of the Court was drawn towards the relevant para 6 of the counter affidavit wherein this specific averment has not been controverted which means that the deceased died on account of catching accidental fire while cooking food and as such the complicity of the applicant is baseless. Surprisingly in the counter affidavit sworn by Circle Officer Sri Pankaj it has been merely said in the relevant para 6 that these averments do not require any comments. In para 7 of the counter affidavit it has also been admitted that the deceased was got admitted in the Civil Hospital by the applicant. It is therefore added on behalf of the applicant that she is an innocent old lady who has been languishing in jail from 15.11.2008 i.e. for the last more than four months. 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 fact that the specific averments of the lady catching accidental fire while preparing food has not been denied in the counter affidavit, I find it to be a fit case for granting bail. Let the applicant (Smt. Kamla) 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. A copy of this order, may, however be sent to the Senior Superintendent of Police, Unnao through Registrar of this Court so that necessary action, if any, may be taken against the Circle Officer for carelessness and lapses, if any, on his part in swearing the counter affidavit as mentioned hereinbefore.