Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 122 (ALL)

Somwati v. State of U. P.

2014-01-10

VIPIN SINHA

body2014
JUDGMENT Vipin Sinha,J. 1. Heard learned counsel for the applicant and learned A. G. A. for the State Applicant has moved the present bail application seeking bail in Case Crime No. 410 of 2012, under Sections 498A, 323, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Bisharatganj, District Bareilly. 2. It has been submitted by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. Applicant has been assigned specific role in the first information report itself, however, it has been submitted that in the said case, chargesheet has been filed, copy of which has been annexed as S.A.-1 to the supplementary affidavit and as per the chargesheet, there are four witnesses, namely, Sher Singh PW1, Man Singh PW2, Virma Devi PW3 and Fateh Singh PW4, who have given their statements, which do not support the case of the prosecution as set up in the FIR. The statements of all the aforesaid witnesses have been annexed as SA2, SA3, SA4 and SA5 to the supplementary affidavit. The accused applicant is in jail since 5.10.2012. 3. The bail application has been seriously opposed by learned A. G. A. 4. After due consideration of the material evidence on record and without expressing any opinion on the merits of the case, prima facie case for bail is made out. 5. The prayer for bail is granted. The application is allowed. 6. Let the applicant Smt. Somwati be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 410 of 2012, under Sections 498A, 323, 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Bisharatganj, District Bareilly.