Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11176 of 2010 Petitioner :- Smt. Rahisa Respondent :- State Of U.P. Petitioner Counsel :- Satyendra Narain Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
applicant, aged about 60 years, is the mother-in-law of the victim and was
residing separately along with her husband. He further submits that the
marriage of the victim was solemnized around nine years back and no
harassment was ever done by the applicant or her husband. He further
submits that the applicant has neither abetted nor instigated the victim to
commit suicide. He further submits that the deceased was a hot headed
women and since she was not able to go to her parents’ house to attend
engagement ceremony of her sister, she committed suicide. He further
submits that the main accused husband is still in jail. He further submits that
the applicant being a lady is entitled to the benefit of the provisions contained
under section 437 Cr.P.C. The applicant has got no criminal history and is in
jail since 22.10.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Rahisa involved in Case Crime No. 67 of 2010 under
Sections 498 A and 306 I.P.C., P.S. Binauli, District Baghpat be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 10.5.2010
vinay