Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20565 of 2018 Applicant :- Khairunnisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that the deceased husband was working in UAE and the applicant is the mother-in-law of the deceased. Learned counsel further contends that the applicant was living with her another son and she had given some landed property to her said son on account of which the victim had committed suicide. Learned counsel further contends that there is no abetment of instigation on the part of the applicant, who is a widow lady aged about 65 years. Learned counsel further contends that there is no likelihood of conclusion of the trial in near future. It is next argued that the applicant is neither a previous convict nor he has any previous criminal history and that 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 29.03.2018.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Khairunnisha involved in Case Crime No.98 of 2018, under Section 306 I.P.C., Police Station Kothibhar, District Maharajganj, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
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 conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.5.2018 S.Ali