Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33610 of 2018 Applicant :- Smt. Anju Opposite Party :- State Of U.P. Counsel for Applicant :- Arunesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned AGA for the State and perused the record.
Learned A.G.A. as well as learned counsel for the applicant submitted that bail application of co-accused is not pending.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Pappu and Anju alleging that on 14.5.2018 at 17:30 hours due to illicit relation between Anju and Pappu they killed Lavkush, husband of the applicant, by administering poison. According to expert report, aluminium phosphate was found on the body of the deceased. According to postmortem report, cause of death was not ascertained.
Learned counsel for the applicant submitted that applicant is a lady and languishing in jail since 17.5.2018 (one year and two months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this cased decided in near future. In one way she lost her husband and on other she is languishing in jail. F.I.R. was lodged by the mother-in-law against the applicant go grab the property of the applicant. There is no direct role of the applicant.In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Anju involved in Case Crime No. 403 of 2018, under Section 302, 328 IPC, Police Station-Etmaddaula, District- Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he 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 him 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 :- 26.7.2019 OP