Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9487 of 2019 Applicant :- Chand Jyoti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Chand Jyoti Devi, who is involved in S.T. No. 255 of 2016 arising out of Case Crime No. 493 of 2009, under Sections 376, 328, 120-B I.P.C., P.S. Tarya Sujan, District Kushinagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that accused-applicant was enlarged on bail in this case crime number, but after committal of proceeding to court of Sessions, no notice of same was given by counsel to her due to which she did not appear before court of Sessions and on the first date non-bailable warrant was issued against her; when she came to know about above process, she surrendered herself before trial court and she is in jail since 13.12.2018; it was not a deliberate absence from proceeding and she will never abstain herself from criminal proceeding, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
The order sheet filed by accused-applicant reveals that file was committed to court of Sessions, where it was received on 05.07.2016 and since then there was no presence of accused in above court of Session. Neither notice of above committal was sent to her nor summon was issued. Instead non-bailable warrant was issued straightway, hence considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Chand Jyoti Devi, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 30.4.2019 NS