Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20405 of 2018 Applicant :- Smt. Kailasho Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.34 of 2018, u/s 498-A, 306 IPC & 3/4 D.P. Act, P.S. Kotwali Sambhal, District Sambhal.
It is contended by learned counsel for the applicant that the applicant is mother-in-law of deceased who has committed suicide by consuming poison; that no injuries have been found on the body of the deceased; that applicant is living separately from the husband of deceased; that the second statement of the informant which has been filed as Annexure-5 to the affidavit accompanying the bail application clearly shows that her daughter was short-tempered and sensitive, and therefore, she has committed suicide; the applicant has been falsely implicated on general allegations, and no specific allegations have been made against her; that applicant has no concern with the commission of alleged offence and she has been falsely implicated; that prior to the lodging of the First Information Report, the applicant did not have any previous criminal history, and in case she is released on bail, she will not misuse or abuse the liberty given to her; that there is no likelihood of the trial being concluded in the near future; that the case of the applicant is distinguishable from that of husband of deceased who is living separately from husband of the deceased therefore, criminal prosecution of the applicant is in clear contravention of the settled principle of law laid down by Hon'ble Apex Court reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh. The applicant is in jail since 6.2.2018.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.
The bail application stands allowed.
Let the applicant-Smt. Kailasho involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Shalini