NAURANGI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit, Counter affidavit to supplementary counter affidavit filed today are taken on record. Heard Sushri Manju Gupta, learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.215 of 2008, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Patti, District Praapgarh. It is submitted that she happens to be a mother-in-law who lives separately along with her husband (father-in-law). In support of the contention photocopy of the ration card has also been brought on record. It is true that the deceased had died an unnatural death and has also suffered several ante mortem injuries but it is submitted that as far as the applicant is concerned she has no role to play because of her separate living with her husband (father-in-law) who has already been granted bail vide this Court's order dated 06.04.2009 considering the aforesaid facts and circumstances and also the fact that as soon as father-in-law came to know he immediately informed his Samdhi as mentioned in the F.I.R. itself. Besides parity it is submitted that she also happens to be a lady who is entitled to get the benefit of the relevant provision for bail envisaged in the Cr.P.C. She is languishing in jail for the last more than five 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 ground of parity and also the fact that she is a lady, I find it to be a fit case for granting bail. Let the applicant (Naurangi 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.