Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48311 of 2018 Applicant :- Smt. Lata Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant is not named in F.I.R. and has been falsely implicated in the disclosure statement made by co-accused Sunil after more than 15 days of alleged incident; that as per averments made in F.I.R., deceased had gone for recovery of money borrowed by named accused persons in the noon of 4.10.2018 and next morning first informant was informed that a dead body has been found which was identified by him as that of Chandra Mohan @ Gudda Chaudhary; that applicant is wife of deceased and F.I.R. has been lodged by brother of deceased; that after 15 days on 23.10.2018 statement of co-accused Sunil has been recorded that he had illicit relationship with applicant and since it was opposed by her husband, he eliminated him with his associates and after elimination informed applicant on phone; that applicant had no illicit relationship with Sunil and was not informed by him about murder of her husband; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 23.10.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Lata be released on bail in Case Crime No.595 of 2018, under Sections 302, 201, 120-B/34 I.P.C., P.S. Sasni Kotwali, District Hathras, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.12.2018 Kpy