Naresho v. State of U.P.

Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5666 of 2023

Applicant :- Naresho Opposite Party :- State of U.P. Counsel for Applicant :- Dipendra Kumar,Pradeep Kumar Rai Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Pradeep Kumar Rai, learned counsel for the applicant and learned A.G.A. for the State and perused the papers on record.

It is submitted by the learned counsel for the applicant that the applicant is innocent and being mother-in-law of the deceased, has been falsely implicated in this case. As per the allegation in the first information report the deceased committed suicide at her parental home and the entire family of the husband has been falsely implicated in this case. The applicant had never demanded any dowry and never tortured the deceased. It is further submitted that the other co-accused Joginder @ Jogendra who is father-inlaw of the deceased has already been released on bail by the Coordinate Bench of this Court, vide order dated 30.01.2023 passed in Criminal Misc. Bail Application No. 59300 of 2022. Copy of the bail order has been annexed as annexure 8 at affidavit filed in support of bail application. As the similarly placed coaccused person has already been released on bail, hence, on the ground of parity, the applicant is also entitled for bail. Lastly it is submitted that the applicant has no criminal history. The applicant is in jail since 23.08.2022 and if released on bail, she will not misuse the liberty of bail.

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

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.