Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20313 of 2018 Applicant :- Smt. Kastoori Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh 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.913 of 2017, u/s 498-A, 304-B IPC & 3/4 D.P. Act, P.S. Gunnaur, District Sambhal.
It is contended by learned counsel for the applicant that the applicant is the mother-in-law of the deceased who has been falsely implicated in the present case on general allegations. Learned counsel further contends that the applicant was living separately from the deceased and her husband and therefore, the implication of the applicant is against the settled principle of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741.It is thus contended that the applicant has been falsely implicated due to ulterior motive. It is next argued that there is no likelihood of the conclusion of the trial in the near future and that the applicant is neither a previous convict nor he has any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 02.02.2018.
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. Kastoori 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 shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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