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2014 DIGILAW 74 (ALL)

Kaushalya Devi v. State of U. P.

2014-01-08

VIPIN SINHA

body2014
JUDGMENT Vipin Sinha, J. Heard learned counsel for the applicant, learned A. G. A. for the State and perused the record. 2. It has been contended by learned counsel for the applicant that the the applicant is mother-in-law of the deceased. No specific role has been assigned to the accused-applicant. The accused-applicant has been falsely implicated in the present case. 3. Learned counsel for the applicant further submitted that the co-accused Kalicharan has already been enlarged on bail by this Court vide order dated 29.10.2013 passed in Criminal Misc. Bail Application No. 3684 of 2013, copy of which has been brought on record. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 03.10.2012. 4. The prayer for bail has vehemently been opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court. 5. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused Kalicharan has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail. 6. In view of the above, let the applicant Smt. Kaushalya Devi 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. 303 of 2012, under Sections 498A, 304B IPC and Section 3 /4 of D.P. Act, P.S. Dhanari, District Bheemnagar (Sambhal).