Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12499 of 2019 Applicant :- Smt.Asha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 244/2018 under Sections 498-A, 304-B IPC & 3/4 of D.P. Act, police station Nawabganj, District Kanpur Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that there is no evidence against the applicant and the applicant is mother- in-law of the deceased; that deceased and her husband were residing separately from the accused-applicant; that co-accused Munshi Lal, who is father-in-law of the deceased, has already been enlarged on bail by another Bench of this Court, copy of which has been produced and the same is taken on record; that the applicant is in judicial custody since 21.12.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, it was not disputed that similarly placed co-accused Munshi Lal, who is father-in-law of the deceased, has already been enlarged on bail by another Bench of this Court.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Smt.Asha Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 30.5.2019 Anand