Beena v. State of U.P.

Court No. - 2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 995 of 2020

Applicant :- Beena Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Suneet Kumar,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Ganesh Shanker Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.

It is urged by the learned counsel for the applicant that an altercation between the neighbours resulted in sudden acts of aggression causing injury on the head of the deceased. The post mortem report reflects that the cause of death is intracranial hemorrhage i.e. bleeding within the skull; the deceased was aged about 70 years; no external injury has been found on her body; there was no intention to cause fatal injury. It is lastly submitted that the applicant has no other reported criminal antecedent and she is languishing in jail since 01.10.2019; there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.