Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20315 of 2018 Applicant :- Kiran Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shivesh Mishra, learned counsel for the applicant.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.367 of 2017, u/s 306 IPC, P.S. Meerganj, District Bareilly.
Learned counsel for the applicant contends that the applicant who is the lady and is the wife of the deceased, has no concern with the alleged offence and has been falsely implicated and that too after eight months of the alleged incident; that Jamuna Prasad, one of the co-accused had illicit relations with the wife of the deceased, and the deceased had caught them in objectionable position and on account of depression, he committed suicide; that First Information Report has been registered after eight months from the alleged incident, through an application u/s 156(3) Cr.P.C.; that the co-accused has already been granted bail by another Bench of this Court on 25.5.2018, in Criminal Misc. Bail Application No.19707 of 2018, photocopy of which has been produced before the Court and is taken on record. that prior to the lodging of the First Information Report, the applicant did not have any previous criminal history, and in case she is released on bail, she will not misuse or abuse the liberty given to her; that there is no likelihood of the trial being concluded in the near future. The applicant is in jail since 16.2.2018.
Learned A.G.A. and learned counsel for the informant have 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. Kiran Devi, 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 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.
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