Posted On by &filed under Allahabad High Court, High Court.

Allahabad High Court
Smt. Nirmala Gupta vs State Of U.P. on 6 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20793 of 2010

Petitioner :- Smt. Nirmala Gupta
Respondent :- State Of U.P.
Petitioner Counsel :- Kamal Krishna,Lovelesh Kumar Verma
Respondent Counsel :- Govt. Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A. appearing
for the State.

It is contended by the learned counsel for the applicant that out of 10
accused named in the FIR the Police has submitted final report against
accused Rameshwar, Devi Dayal, Smt. Munni and Smt. Rani and this
fact has been stated in paragraph 10 of the affidavit filed in support of
the bail application. It is further contended that as per FIR the applicant
was armed with Sickle and lathi and in the statement of the witnesses
it has come that applicant was armed with sickle but in the post
mortem report there is no sickle injury.

Learned A.G.A. contended that the applicant was involved in
committing the murder of the deceased.

Perused the post mortem report. No sickle injury has been found in the
post mortem report. The applicant has no criminal history and is in jail
since 15.6 .2010.

Considering the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable
apprehension of tempering of the witnesses and prima facie
satisfaction of the Court in support of the charge, the applicant is
entitled to be released on bail.

Let the applicant Smt. Nirmala Gupta involved in Case Crime No. 62
of 2010 under Sections 147, 148, 149, 302, 504, 506 IPC Police
Station Naraini, District Banda be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.

Order Date :- 6.8.2010

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