High Court of Judicature at Allahabad
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Smt. Savita Devi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9969 of 2006  RD-AH 10027 (22 May 2006)
Hon. (Mrs.) Saroj Bala, J
This is an application for bail moved on behalf of the applicant Smt. Savita Devi involved in case Crime No. 461 of 2006 under sections 312, 313, 314 I.P.C., Police station Pakbara, district Moradabad.
Heard Sri Ghanshyam Joshi, learned counsel for the applicant, learned AGA and have perused the record.
It is alleged that complainant's daughter was taken away on 10.4.2006 to the residence of the applicant, who is a midwife. It is said that the applicant aborted the foetus without her consent and against her will. It is alleged that due to the negligence of the applicant the victim died. The dying declaration of the victim was recorded by the Joint Magistrate on 11.4.2006 at about 9.30 p.m. The victim has not named the applicant. Moreover, the victim was taken to the residence of the applicant by co-accused. The name of the applicant is said to have been disclosed by the victim in her statement recorded by the I.O. under section 161 Cr.P.C. Having considered all these facts and circumstances, I find it to be a fit case for grant of bail.
Let the applicant Smt. Savita Devi involved in case Crime No. 461 of 2006 under sections 312, 313, 314 I.P.C., Police station Pakbara, district Moradabad, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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