Court granted bail to Smt. Pushpa, mother-in-law of deceased in a case involving IPC 498A and 304B. Case distinguished from husband’s case; prima facie case for bail made without expressing opinion on merits.
Bail granted on executing personal bond and furnishing two sureties.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15145 of 2018
Applicant :- Smt. Pushpa Opposite Party :- State Of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.,Gaurav Sharma
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Mr. Mohd. Nadeem, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 131 of 2018 u/s 498A, 304B IPC and 3/4 DP Act PS Nauhjheel, District Mathura.
Contention of the learned counsel for the applicant is that the applicant is the mother-in-law of the deceased. The husband is not a party in the present proceedings. The entire family members have been implicated on the basis of general allegations. There is no specific role against the applicant. Further contention is that the cause of death is strangulation. Contention is that Harprasad, who is the father-in-law of the deceased, has already been granted bail by another Bench of this Court vide order dated 2.7.2019. Contention is that applicant is in jail since 21.2.2018 with no criminal history and in case she is released on bail, she will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Smt. Pushpa involved in the aforesaid case crime number be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
However, the case of the husband is being distinguished from the present applicant.
Order Date :- 3.7.2019 SP
Smt. Pushpa
State Of U.P.
Vipin Sinha
As recorded by the court registry
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