Court No.28
Criminal Miscellaneous Case No. 28 of 2010
1- Smt. Sita Gupta
2- Smt. Maya Gupta
3- Santoshi Devi ....................Petitioners
Versus
State of U.P. and another ..............Opposite Parties
Hon'ble Alok K. Singh, J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put
in appearance on behalf of State of U.P., Opposite party no.1.
There is no need to issue notice to opposite party no.2 at this stage, the same
is dispensed with.
Learned counsel for the petitioners submits that all the petitioners are ladies
who are entitled to get the benefit of the relevant provisions contained in Section 437
Cr.P.C. in respect of granting bail in favour of ladies and infirm persons. All the three
petitioners have already appeared before the court below and have obtained bail
under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act. It is
said that Section 364 I.P.C. has now been added.
Without entering into the merits of the case, in view of the aforesaid facts and
circumstances, it is provided that keeping in view that the petitioners are ladies and
have already obtained bail under Sections 498-A, 323, 506 I.P.C. and Section 3/4
Dowry Prohibition Act which they have not misused till date, if the petitioners
appear before the court below within ten days from today and apply for bail in
respect of added section i.e. Section 364 I.P.C., the same may be considered
sympathetically and expeditiously.
With these observations this petition is finally disposed of.
07.01.2010
PAL/CMC No.28 of 2010