Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32698 of 2018 Applicant :- Smt. Chandrawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Munesh Kumar,Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is the mother in law of the deceased, she is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that this is a suicidal death case but the prosecution given it, colour of homicidal death and no case under Sections 302 and 201 IPC is made out against the applicant. It is further contended that the inquest report prepared on 10.1.2018 at 10:00 am in which the brother of the deceased-Raj Kumar as well as Devar-Deepak was present as a Panch witness. In the inquest report it is clearly mentioned that the death of the deceased occurred due to burn injury. Afterwards, first Information Report regarding alleged information lodged by constable-Rajpal Singh after one day on 11.1.2018. Hearsay, FIR lodged by constable-Raj Pal Singh regarding murder of Premwati. It is also contended by learned counsel for the applicant that at the time of inquest report, no FIR was lodged by the brother of the deceased. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant is in jail since 12.1.2018 and she is not a previous convict. In case, she is enlarged on bail, she will not misuse the liberty of bail.
Per contra learned AGA has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts as stated by learned counsel for the applicant and it is submitted that in case, the applicant is released on bail, she will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant-
Smt. Chandrawati involved in case crime No.9 of 2018, under sections 302, 201 IPC, Police Station Dhanari, District Sambhal, be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 AS