Court No. - 18 Case :- BAIL No. - 7717 of 2009 Petitioner :- Smt.Jai Kala Respondent :- State Of U.P. Petitioner Counsel :- Srees Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the material on record.
The submission of learned counsel for the applicant is that the
applicant is the mother-in-law of the deceased, who had died of
cholera on 25.4.2009, although she was under treatment of P.H.C.
Rudauli since 21.4.2009 and after the death, her parents were
informed and her father , the complainant, came and in his
presence she was cremated. It is also submitted that in the report it
has been falsely stated that the dead body of the deceased was
having marks of injuries all over it because had it been so, the
report would have been immediately lodged with the police, but it
has been lodged on 3.5.2009, i.e. on the 8th day of the incident and
there is no explanation of delay either in the report or in the
statement of the complainant. A false and general allegation of
demand of a motor cycle and Rs.50,000/- in cash in dowry has
been made against the applicant and other family members and
the applicant is languishing in jail since 17.7.2009.
Learned A.G.A., however opposed the bail.
Considering the above circumstances, nature of accusation against
the applicant, the relationship of the applicant with the deceased
and looking to the points pertaining to the severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie
satisfaction regarding proposed evidence and genuineness of the
prosecution case, the applicant appears entitled for bail.
Application is accordingly allowed.
Let applicant Smt. Jai Kala, involved in Case Crime No. 415/2009,
under sections 304-B, 201, 506, 498-A IPC and 3/ 4 D.P. Act, P.S.
Rudauli, District Faizabad, be enlarged on bail on her executing
personal bond and furnishing two sureties each in the like amount
to the satisfaction of the court concerned.
Order Date :- 28.7.2010/Muk