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SMT. POOJA DEVI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Smt. Pooja Devi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14750 of 2004 [2004] RD-AH 1245 (28 October 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 54

CRIMINAL MISC. IIND BAIL APPLICATION NO. 14750 OF 2004

Smt. Pooja Devi Versus State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri V.P. Srivastava, counsel for the applicant and Sri Mirza Ali Julfkar, Advocate, for the complainant and learned A.G.A. for the State.

It is alleged that the applicant along with other family members had taken the victim on the terrace and threw her on the naked live wire, which caused serious injuries to the victim.  The first bail application was rejected on 13.7.2004. This is the second bail application.  Copy of the two statements of the victim has been annexed with this bail application. In her statement, which was recorded previously, the name of the present applicant has not been mentioned whereas at a subsequent stage name of the family members were introduced.  It has further been argued that the applicant was married three months before the incident and she is languishing in jail since May, 2004.  The bail application is being pressed only on the ground that she is a young newly married lady and she is languishing in jail since May, 2004.  In the event, she is not enlarged on bail, she will not be able to stay with her in-law and at her matrimonial home at Maharajganj.  Counsel for the complainant states that till date charge has not been framed and it will take some time for completion of the trial.

Looking to the facts and circumstances of the case, the applicant is enlarged on bail only because she is a young newly married lady and languishing in jail since four months. However, it is made clear that the other co-accused will not be given benefit of this order as it is only because she is a young newly married lady.

Let the applicant Smt. Pooja Devi be released on bail in case Crime No. 230 of 2004, under Sections 323, 326, 307, 506, 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sahjanwa, District Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

28.10.2004

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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