Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17705 of 2018 Applicant :- Smt. Guddo Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Upadhyay,Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit and Supplementary affidavit filed today are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is mother-in-law of the deceased. There was mis-adjustment between the deceased and her husband and on account of the same the death of deceased took place. The statement of P.W.-1, Shishu Pal Singh, father of the deceased has been recorded before the trial court in Sessions Trial no. 128 of 2018 and a certified copy of the same has been brought on record by way of supplementary affidavit. From the perusal of the statement of the informant, it is clear that he has not made any allegation against the applicant. The applicant is in jail since 11.12.2017 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Smt. Guddo Devi, be released on bail in Case Crime No. 384 of 2017, under Sections- 498-A, 304-B and 201 IPC and 3/4 Dowry Prohibition Act, Police Station- Amaanpur, District- Kasganj, on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Rohit