RAJ RANI Vs. STATE OF U P

JUDGEMENT

(1.) SECOND supplementary 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.708 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Dhaurahra, District Kheri. It is submitted that the incident is of 09.03.2008 whereas the report is said to has been given to S.C./S.T. Commission after much delay i.e. on 12.05.2008 saying that earlier an application was also given to the police officials but no action was taken. It is said that the deceased caught an accidental fire while preparing food. The applicant was living separately with her husband. As soon as she came to know about it she rushed there and managed to took the deceased to the hospital where she was admitted. Unfortunately she could not be saved. At the time of inquest report the complainant and his son were present and no complaint was made. She is said to be in jail from 03.12.2008. There is no criminal history against her. Besides everything she is a lady and therefore entitled to get the benefit of the relevant provisions contained in the Cr.P.C. 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 submission made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Raj Rani) 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.