Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39633 of 2021 Applicant :- Smt. Babita Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A.,Dheeraj Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant; Sri Dheeraj Kumar Singh learned counsel for the informant as well as Sri Ankit Srivastava , learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt. Babita with a prayer to release her on bail in Case Crime No. - 415 of 2021, under Sections - 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station -Khoda, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(ii) against FIR lodged on 31.5.2021, the applicant is in confinement since 01.6.2021.
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest.
(iv) the applicant has no criminal history.
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant is the mother-in-law of the deceased who had married the co-accused Pratham Kumar of her own free will; six months after the marriage, the deceased committed suicide; there are no ante mortem injuries other than ligature mark noted in the post mortem report; thus, it has been submitted that the applicant has been falsely implicated; in any case she has been over implicated.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Faraz