Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14267 of 2018 Applicant :- Janki Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Dulare Singh,Deepak Singh Yadav,Sanjay Yadav,Saurabh Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has not committed any offence. It has been further submitted that applicant is mother-in-law of deceased and that general and omnibus allegations have been levelled against all the 7 accused persons including applicant. The allegations that the applicant has harassed the deceased and demanded the dowry, are false. It has been submitted that in post mortem report, except ligature mark, no other injury has been shown on the body of the deceased and cause of death is anti-mortem hanging.
It has been submitted that the applicant is lady and she is languishing in jail since 16.01.2018 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Janki Devi involved in Case Crime No.374 of 2017, under Sections 498-A, 304-B IPC and 3/4 of D.P. Act, P.S.-Shahganj, District-Agra, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.12.2021 SK Goswami