Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56537 of 2019 Applicant :- Asha Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Avnish Pratap, learned counsel for the applicant as well as Sri Ashok Upadhyay, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Asha with a prayer to release her on bail in Case Crime No. 181 of 2019, under Sections 498A, 326 IPC & 3/4 D.P. Act, Police Station - Baberu, District - Banda, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of cruelty, causing grievous hurt and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 05.08.2019, the applicant is in confinement since 23.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending, however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant is the mother-in-law of the alleged victim and is about 60 years of age. Owing to the matrimonial discord in the marriage of the alleged victim, she has made false accusation against the applicant. In any case, the injuries suffered were minor injuries in the foot region and in any case not life threatening;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 AHA