Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18392 of 2018 Applicant :- Smt. Kanchan Pandey @ Kanchanlata Pandey And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri Prashant Sharma learned counsel for the informant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicants that the applicants are mother- in-law and father-in-law of the deceased, who had committed suicide in the house by bolting the door from inside. It is contended that the body of the deceased was taken out by broking the doors as is apparent from annexure-8. It is argued that there was some matrimonial discord between the husband and wife for which it appears that the victim had committed suicide, for which the applicants have been falsely implicated on general allegations which is against the settled principles of law laid down by the 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. It is next contended that the applicants have no criminal history and they have been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail since 18.3.2018 and in case they are enlarged on bail, they will not misuse the liberty of bail. It is next contended that there are no chances of the trial to be concluded in near future and the applicants undertakes to fully cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Smt. Kanchan Pandey @ Kanchanlata Pandey and Deenanath Pandey, involved in case crime No. 238 of 2018 , under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Cantt. district Gorakhpur be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 31.5.2018 faraz