Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24419 of 2016 Applicant :- Doli Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Pratap Singh,Virendra Singh Counsel for Opposite Party :- G.A.,Arvind Kumar Singh
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and Sri Arvind Kumar Singh, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 155 of 2015, under Section 302/201 I.P.C., P.S.- Ahmadgrah, District- Bulandshahar, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that there is neither any direct or substantial evidence on record linking the applicant with the crime in question. The applicant has been falsely implicated in the present case by the son of the first wife of the deceased only on the basis of the suspicion emanating from the fact that the deceased was having an affair with the applicant. It is further submitted that co-accused Banti alias Vikas Tyagi on whose pointing out one knife is alleged to have been recovered has already been granted bail by this Court vide order dated 27.02.2018 passed in Criminal Misc. Bail Application No. 7337 of 2018. Hence, the applicant who has no criminal antecedents to her credit and is in jail since 08.07.2015, is entitled to be enlarged on bail on the ground of parity.
The prayer for bail has been vehemently opposed by learned A.G.A. and Sri Arvind Kumar Singh, learned counsel for the informant. However, the aforesaid factual aspect of the matter has not been disputed by them.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Doli be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 155 of 2015, under Section 302/201 I.P.C., P.S.- Ahmadgrah, District- Bulandshahar, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.7.2018 Praveen