Meena v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 404 of 2022

Applicant :- Meena Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Heard Sri Dinesh Kumar Sharma, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant- Meena , seeking anticipatory bail in Case Crime No. 863 of 2021, under Sections 313, 323, 498-A 504, 506, 452 I.P.C. and Section 3/4 D.P. Act, Police Station Bisrakh, District Gautam Budh Nagar.

Learned counsel for the applicant argued that the applicant is the mother-in-law of the first informant. It is argued that in so far as the allegation against the applicant and Narendra, the husband of the first informant of giving medicine to her after which she aborted the pregnancy is concerned, the same is without any evidence and is a concocted allegation just to give the case a different colour. It is argued that there is no medical report of miscarriage of pregnancy of the first informant. Paragraph 9 of the affidavit has been placed. It is argued that general and omnibus allegations have been levelled against the accused persons. It is argued that co-accused Madan Lal, the father-in-law, Satendra, brother-in-law ( devar ), Sadhan, sisterin-law ( nand ) of the first informant has been granted anticipatory bail the Sessions Judge. It is argued that the anticipatory bail of the applicant has been rejected only on the ground that there was an allegation of her along with her son Narendra of giving some medicine to the first informant due to which miscarriage was caused but the same is without any evidence. It is argued that the applicant is a lady.