Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24771 of 2018 Applicant :- Jonha Alias Jehana Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- Tariq Maqbool Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that Riyasat Ansari, father-in-law, of the deceased has already been enlarged on bail vide order dated 30.05.2019 passed in Criminal Misc. Bail Application No.22821 of 2019. It has been submitted that the applicant, who is mother-in-law may also be enlarged on bail. The applicant is in jail since 22.08.2017.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of
U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jonha alias Jehana Khatoon involved in S.T. No.521 of 2017, arising out of Case Crime No.229 of 2017, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Kuberasthan, District- Kushinagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.5.2019 SS