Shyamwati @ Rakesh vs State Of U P

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33063 of 2019 Applicant :- Shyamwati @ Rakesh Opposite Party :- State Of U.P.

Counsel for Applicant :- A.C.Srivastava,Samir Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Case called out repeatedly.

It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Jitendra Kumar, learned A.G.A. for the State assisted by Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.

I have heard the learned A.G.A./brief holder for the State and perused the record.

Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. Applicant is the mother-in-law of the deceased, who lives separately from the deceased and her husband. She being an old lady, aged about 60 years, the advantage of Section 437 Cr.P.C. may be extended to her. General and vague allegations have been made against the applicant. No offence has been committed by the applicant. Neither she ever made any demand of additional dowry nor was the deceased subjected to cruelty or harassment by her. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 6.6.2019.

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

Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out for bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

Accordingly, bail application is allowed.

Let the applicant - Shyamwati @ Rakesh involved in Case Crime No. 56 of 2019, under Sections - 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station - Balauni, District - Baghpat 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.

Order Date :- 16.8.2019/Raj