Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4140 of 2019 Applicant :- Smt. Krishna Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Smt. Krishna seeks bail in Case Crime No. 255 of 2018, under Sections 302, 120-B IPC, P.S. Kotwali Shamli, District- Shamli.
Learned counsel for the applicant has submitted that applicant is the wife of the deceased, who is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is neither named in the first information report nor her name figured till 16.4.2018, however in the 3rd statement of one Vishal, who is the son of the deceased, name of the applicant has surfaced for the first time. The applicant is neither present on the spot nor any recovery has been made from her possession. Learned counsel for the applicant has next submitted that similarly placed co-accused Kumari Vaishali, who is the dauther of the deceased has already been granted bail by this Court in Criminal Misc. Bail Application No. 1884 of 2019 vide order dated 16.1.2019. The other co-accused Sameer has also been granted bail by this Court in Criminal Misc. Bail Application No. 48772 of 2018 vide order dated 18.1.2019. Lastly, it is submitted that applicant is in jail since 17.4.2018 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.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail by this Court.
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. Krishna 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 :- 29.1.2019 KU