Court No. - 18 Case :- BAIL No. - 4832 of 2010 Petitioner :- Smt. Suman Devi Respondent :- State Of U.P. Petitioner Counsel :- R.N.S. Chauhan Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material placed on record.
The submission of the applicant’s counsel is that the applicant is not named in
the report of the incident and the case is based on circumstantial evidence but
the only circumstance alleged against the applicant is that she and her
husband had admitted their involvement in this case in their confessional
statements made to the police and as per alleged confessional statement, the
role assigned to the applicant is of helping her husband (co-accused Santosh
Yadav) in disposing off the dead body of the deceased by burrying it in the
field. It is also contended that the alleged confessional statements of the
applicant or her husband cannot be read as evidence against the applicant.
Learned A.G.A. has opposed the bail, but has not disputed the above
contentions of the applicant’s counsel.
Considering the above circumstances and the points pertaining to the nature of
accusation, severity of punishment, reasonable apprehension of tampering the
witnesses, prima facie satisfaction regarding proposed evidence and
genuineness of the prosecution case and without commenting upon merit of
the case, I find it to be a fit case for bail.
The application is accordingly allowed.
Let applicant Smt. Suman Devi, involved in Case Crime No. 225 of 2010,
under sections 302, 201 I.P.C., Police Station Maurawan, District Unnao, be
enlarged 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 :- 2.7.2010
PAL