Smt. Nirmala Devi v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 29 Case :- CRIMINAL APPEAL No. - 1434 of 2023 Appellant :- Smt. Nirmala Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Appellant :- Udai Bhan Pandey,Beer Pratap Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the appellant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail. The present appeal has been filed on behalf of the appellant seeking bail in Session Trial No.287 of 2012, arising out of Case Crime No.213 of 2012(CNR No. UPGD01-000263 of 2012), under sections 498-A, 304, 316, IPC and section 3/4 D.P. Act, Police Station Kotwali Dehat, District Gonda. It is contended by learned counsel for the appellant that the appellant is innocent and he has been falsely implicated in the present case due to ulterior motive. There are matrimonial dispute between the parties. Appellant is mother-in-law of the victim. General roll has been assigned to the all the accused persons. Identically situated co-accused Arun Kumar Srivastava, who is husband of the victim, has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Appeal No.1913 of 2023, vide order dated 02.08.2023, hence the appellant is also entitled to be enlarged on bail on the ground of parity of the order aforesaid. The appellant is languishing in jail since 18.04.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. On the other hand, learned AGA has very vehemently opposed the aforesaid contention, however, could not controvert the aforesaid facts. Considering the facts and circumstances of the case and taking into account that identically situated co-accused Arun Kumar Srivastava, who is husband of the victim, has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Appeal No.1913 of 2023, vide order dated 02.08.2023 and the appellant is languishing in jail since

18.04.2023, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail. Let appellant-Smt. Nirmala Devi be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The appellant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(ii) The appellant shall also give an undertaking to the effect that she will not change her address without prior intimation to the trial court concerned. List this appeal after three weeks. (Renu Agarwal,J.) Order Date :- 6.11.2023 VKG High Court of Judicature at Allahabad, Lucknow Bench