Mahka Devi alias Maika Devi vs State of U.P.

Alok K. Singh, J.

Counter affidavit filed today is taken on record.

Heard the learned counsel for the applicant, learned A.G.A. and perused record.

The applicant is involved in Case Crime No.241 of 2008, under Sections 498A, 304B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Rampur Kalan, District Sitapur.

It is submitted on behalf of the applicant that she happens to be an unfortunate motherinlaw aged about 60 years. The fatherinlaw is aged about 62 years, has already been enlarged on bail by this Court''s order dated 20.02.2009 passed in Criminal Miscellaneous Case No.6769 (B) of 2008. It is said that in the F.I.R. general allegations have been made against her in respect of alleged demand of dowry. She is said to be in jail from 09.05.2008. There is no criminal history against her.

Nothing substantial could be said from the other side. However, the bail is opposed by learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity and also the fact that the applicant is an old lady, I find it to be a fit case for granting bail. Let the applicant (Mahka Devi alias Maika Devi) be enlarged on bail on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.