Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52475 of 2019 Applicant :- Kaushilya Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri Jai Prakash Gupta, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 499 of 2019, under Sections 392 and 411 I.P.C., Police Station-Kotwali Mau, District Mau.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to ulterior motive, nothing has been recovered from her possession. There is no public or independent witness of the alleged recovery. It is lastly submitted that the applicant is a lady, having no criminal history and in case she is released on bail, she will not misuse the liberty of bail. The applicant is languishing in jail since 16.10.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Kaushilya, involved in the above mentioned case 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 in the aforesaid case crime number with the following conditions:-
(i) The applicant will not temple with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of Court, will attend the Court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-