Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48483 of 2018 Applicant :- Amar Jeet Kaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Joga Singh alleging that on 20.8.2018 deceased Dharmpal Singh, Rajkumar were died by drinking wine supplied by accused; accused Joga Singh also died. Applicant is the wife of Joga Singh.
Learned counsel for the applicant submitted that applicant is the lady. The applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the applicant is not named in the F.I.R; there is no chemical examination report to show that recovered wine was adulterated; offence under Sections 272 and 273 IPC are not made out against the applicant; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 22.8.2018 (near about four months).
Learned A.G.A. opposed the prayer for bail and admitted that applicant has no criminal history.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Amar Jeet Kaur involved in the Case Crime No. 631 of 2018, under Sections 272, 273, 304 I.P.C. and Section 60A Excise Act, P.S. Jhinjhana, District Shamli be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2018 A. Singh