Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15767 of 2018 Applicant :- Khilauni Opposite Party :- State Of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that vide order dated 4.7.2013 the applicant has already been granted bail by co-ordinate Bench of this Court in the same case for the offence under Sections 307 and 302 IPC, Police Station Chhata, District Mathura and vide order dated 3.4.2018, the bail was cancelled by trial court concerned alleging that she was misusing the bail and violated the conditions imposed by High Court on order of bail application. It is further submitted that applicant was not violated any conditions imposed by the High Court. Conditions imposed by High Court was against co-accused Keshav that 'he shall report to the court of C.J.M. concerned in the first week of each month'; the bail cancellation applications of accused Keshav, Harbhan and Khilauni were moved before trial court and the same was cancelled due to condition violated by co-accused Keshav. Applicant was summoned u/s 319 Cr.P.C. Applicant is old lady. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 3.4.2018 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Khilauni involved in Session Trial No. 562 of 2009 as well as Case Crime No. 295 of 2009, under Sections 302 & 307 IPC, Police Station Chhata, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 A. Singh