Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17246 of 2019 Applicant :- Gayatri Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Atal Bihari Tripathi,A.C.Tiwari(Ac) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention is that the applicant is not named in the first information report. The applicant who was the mother-in- law of the deceased and mother of the co-accused Anjani has been deliberately roped in in this case. It is purely a circumstantial evidence case. There is complete absence of any conclusive circumstance linking the applicant with the commission of the offence. The applicant was not seen near the place of occurrence nor any recovery was made from him. The similarly circumstanced co-accused Ashok has already been admitted to bail by another bench of this court on 22.1.2019 in criminal misc. bail application no.49425 of 2018. A copy of the bail order is annexure-5 to the bail application. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 15.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Gayatri Devi involved in Case Crime No.48 of 2018, under Sections 302/34 I.P.C. Police Station Pipiganj District Gorakhpur 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.
Order Date :- 26.4.2019 N.A.