Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29350 of 2018 Applicant :- Smt. Badi Bahu Alias Neemabai Opposite Party :- State Of U.P.
Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned A.G.A. has filed counter affidavit in the Court today, which is taken on record.
Supplementary affidavit filed on behalf of applicant is also taken on record.
Heard Sri Jay Singh Yadav, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is not named in the first information report. He next submitted that the applicant is a lady aged about 63 years and there is neither any direct nor circumstantial evidence against the applicant on record. Both the eye witnesses namely, Nathu Ram Patel and Manohar Singh in their statements recorded under Section 161 Cr.P.C. (Annexure-4) have not made any allegation against the applicant. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 20.4.2018 has no other criminal history and there is also no possibility of his 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 for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Smt. Badi Bahu alias Neemabai be released on bail in Case Crime No. 23 of 2018, under Sections 363, 366 and 368 I.P.C., P.S.
Madawara, district-Lalitpur on her 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 co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence 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 :- 24.9.2018 Faridul