Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20085 of 2018 Applicant :- Smt. Babita Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Rana,Manjary Gupta Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Jitendra Rana, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that a false recovery has been shown against the applicant to show his complicity, the said recovery has not been made in presence of any independent witness. Further submission is that applicant who is lodged in jail since 19.04.2018 has no other criminal history and there is also no possibility of her either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that she will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that apart from recovery made at the time of arrest Rs. 70,000/- has also been recovered from the house of the applicant on her pointing out and in view of this, she does not deserve bail.
Having heard the submission of learned counsel of both sides, considering that applicant is a lady having no other criminal history and there is no likelihood of trial being concluded in near future, I deem proper to enlarge the applicant on bail.
Let applicant Smt. Babita be released on bail in Case Crime No. 92 of 2018, under Sections 381, 411 I.P.C., P.S. Ganga Nagar, District Meertu, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 /Bhanu