The High Court allowed a bail application filed by Guddo Devi, granting bail on grounds of parity with a co-accused already released. The applicant, mother-in-law accused under dowry and culpable homicide by negligence sections, was ordered released on bail subject to personal and heavy sureties.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47856 of 2019
Applicant :- Guddo Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the co-accused Yogesh Kumar @ Teka (devar of the deceased) has been granted bail by another Bench of this Court vide order dated 18.7.2019 passed in criminal misc. bail application no.28625 of 2019, copy of which has been produced before this Court, which is being taken on record. He further submits that role of the applicant, who is mother-in-law, is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is further contended that the applicant is languishing in jail since 13.5.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Guddo Devi involved in Case Crime No.494 of 2018 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Jawa, District Aligarh be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 14.11.2019
ss
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused already granted bail and fitness of the case.
Whether the applicant faces doubt of absconding or tampering with evidence that would justify denial of bail.
Guddo Devi
Om Prakash
As recorded by the court registry
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