JUDGEMENT
Alok K.Singh, J. -
(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.1474 of 2008, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Ahirauli, District Ambedkar Nagar. Notice of this case was given on 15.04.2009 but no counter affidavit has been filed till date. Learned A.G.A. says that it is under preparation. On the other hand, learned counsel for the applicant says that sufficient time has already been given and the bail may be heard today itself considering human aspcet of the matter as the applicant has delivered a child in jail on 08.02.2009. Accordingly the bail application is being taken up today itself. It is submitted that the applicant happens to be a married sister-in-law (Nanand). It is said that she lives under different police station with her husband and has nothing to do at all with the affairs of her mother/brother's family. Besides there are general allegations which have been made against her in the F.I.R. She happens to be a lady and has delivered a child in jail on 08.02.2009 and it is being difficult to take care of the newly born child in the jail. It is also pointed out that the cause of death could not be ascertained and the viscera report is still awaited. She is said to be in jail from 15.12.2008. There is no criminal history against her. 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 discussion made hereinabove and the fact that the applicant is a sister- in-law and is a lady who has delivered a newly born child recently in the jail itself, I find it to be a fit case for granting bail. Let the applicant (Smt. Jai Laxmi alias Bitto) 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.;
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