Utt HC | ‘Womanhood’ given consideration while granting bail

Uttaranchal High Court: The Bench of Sudhanshu Dhulia, J. accepted the application seeking bail where the applicant was a woman and had a 10-year-old daughter.

In the pertinent case the main allegation against the applicant was that she had entered into an agreement for sale with certain agriculturists whose land was under acquisition and as an implication was in conspiracy with public officials, knowing fully well in advance that a huge sum of money will go as a compensation, even though no prudent person would enter into an agreement for sale for a land which is under acquisition. Although the counsel for the applicant contended the land for which the agreement for sale was executed was not the same land, which was under acquisition. And the counsel for the State rebutted by distinguishing it on facts and argued that some of the land indeed was the area which was under acquisition.

The Court without going into the facts contended, granted bail to the applicant, considering the fact that she is a woman and has a 10-year old daughter, who needs to be looked after. Also, the fact that she was already in jail since 21-03-2018, the Court considered it to be a fit case to grant bail. [Priya Sharma v. State of Uttarakhand, 2019 SCC OnLine Utt 138, Order dated 01-03-2019]

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