Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44935 of 2018 Applicant :- Manju Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 26.3.2018 the dead body of Vijendra, father of the complainant-Kapil was found in the field of sugarcane. During investigation, the statement of Virendra Kumar was recorded and he stated that wife of the deceased and complainant had killed the deceased, hence the applicant is the wife of the deceased has been involved in this crime. Recovery of spade used in this crime was made from the pointing out of Kapil-complainant. Single injury was found on the body of the deceased.
Learned counsel for the applicant submitted that statement of Virendra Kumar, so called witness, was examined before both the courts and he was turned hostile and the applicant is a lady and is languishing in jail since 10.5.2018 (more than six months); having no criminal history; she has been falsely implicated in this case; there is no legal evidence against the applicant; there is no independent witness; in case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Manju involved in Case Crime No.287 of 2018 (S.T. No. 767 of 2018), under Section 302 and 201 IPC, Police Station Nai Mandi, District Muzaffarnagar 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 :- 29.11.2018 OP