Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15492 of 2018 Applicant :- Smt. Manju Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Ravi Shukla, Smt. Manju alleging that there was an illicit relation between Ravi Shukla and Smt. Manju and the nephew of Smt. Manju was objecting; they assaulted Ashok Kumar Prajapati (nephew of Manju) and he received one head injury resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant is a lady belongs to a very poor family; there is no possibility to get this case be decided shortly in near future; in one way she lost her nephew and in another way she is languishing in jail since long; there is no independent witness against the applicant; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 25.12.2013 (more than four years and four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Smt. Manju involved in the Case Crime No. 535 of 2013, under Section 302 I.P.C., P.S. Rura, District Kanpur Dehat be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018/A. Tripathi