Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20431 of 2018 Applicant :- Amla Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Dharm Raj Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.9 of 2018, u/s 498-A, 304-B IPC & 3/4 D.P. Act, P.S. Khetasarai, District Jaunpur.
It is contended by learned counsel for the applicant that the applicant is mother-in-law of the deceased and has been falsely implicated in the present case on general allegations; that dying declaration of the victim which has filed as Annexure-6 to the affidavit accompanying the bail application also demonstrates that the victim had blamed her husband for the offence alleged to have been committed. It is next argued that there is no likelihood of the conclusion of the trial in the near future and that the applicant is neither a previous convict nor she has any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 10.02.2018.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.
The bail application stands allowed.
Let the applicant-Smt. Amla Devi involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Shalini