Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45285 of 2018 Applicant :- Smt Keshar Opposite Party :- State Of U.P.
Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.,Sanjay Singh Sengar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State, Sri Sanjay Singh Sengar, learned counsel for the opposite party and perused the record.
Applicant- Smt Keshar seeks bail in Case Crime No. 268 of 2018, under Sections 342, 352, 307 IPC, P.S. Charkhari, District- Mahoba.
Learned counsel for the applicant has submitted that the applicant is a lady and no specific role of detaining the victim has been assigned to her. Learned counsel for the applicant has next submitted that applicant is in jail since 27.9.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to her credit.
Learned AGA as well as Sri Sanjay Singh Sengar, learned counsel for the opposite party have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 27.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Smt Keshar be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 KU