Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41970 of 2018 Applicant :- Smt. Anjani Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Smt. Anjani seeking bail in Case Crime No. 126 of 2018, under Sections 323,325,308,504 IPC, P.S. Dubauliya, District Basti.
Learned counsel for the applicant has submitted that the applicant is a lady and has been falsely implicated in the present case. Learned counsel for the applicant next contended that no specific role has been assigned to the applicant and general role of assault has been assigned to the applicant alongwith two other co-accused. The injuries are not dangerous to life. The applicant is in jail since 9.10.2018. In case the applicant is released on bail she will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Anjani be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.10.2018 R