Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20966 of 2010 Petitioner :- Smt. Rambha Devi Respondent :- State Of U.P. Petitioner Counsel :- R.B. Sahai Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri Raghubans Sahai, learned counsel for the applicant, Nikhil
Kumar, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that role assigned to the
applicant is of exhortation and main allegation is against co-accused Om
Prakash. The applicant is in jail since 1.5.2010.
Learned counsel for the complainant as well as learned A.G.A. contended
that the applicant is the wife of co-accused Om Prakash and on her
exhortation the murders were committed.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge and distinguishing the case of the applicant to that of co-accused
Om Prakash, the applicant is entitled to be released on bail.
Let the applicant Smt. Rambha Devi involved in case crime no. 248 of
2010, under section 302/34, 307, 504, 506, 109 IPC, P.S. Nebua Naurangia,
District Kushinagar be released on bail on her furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 9.8.2010
Masarrat
