Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49073 of 2018 Applicant :- Babita Devi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Archana Singh Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Babita Devi and Sarali Devi @ Shanti Devi for bail in Case Crime No. 324 of 2017, under Sections 147, 323, 336, 427, 436, 452 I.P.C., Police Station Jamania, District Ghazipur.
Heard Sri Archana Singh, learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the aforesaid case. They have no criminal history and detained in jail since 22.11.2018. No incriminating article has been recovered from their possession. They are not named in the First Information Report. Co-accused Geeta Devi, Anita Devi, Mutari Devi, Lakhpati Devi, Prabhu Chaudhary, Ramesh Chaudhary and Vishram Chaudhary have already been enlarged on bail by the co-ordinates Benches of this Court. Copy of their bail orders were placed on record. If they are released on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicants-Babita Devi and Sarali Devi involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witnesses.
(iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
(v) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 21.12.2018 Saurabh