Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36196 of 2018 Applicant :- Smt. Manju Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vijay Pratap Singh, learned counsel for the applicant, and Sri Sanjay Singh learned AGA-1 for the State.
Learned counsel for the applicant submitted that the applicant has not committed any offence but the police only to increase the gravity of offence has falsely implicated the applicant in the present case. He next submitted that neither any recovery has been made from the applicant's possession nor there is any independent witness of the incident. He further submitted the applicant is a lady, who is aged about 60 years and she has no connection with the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 24.08.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the survey of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Manju, involved in Case Crime No. 361 of 2018, under Sections 60 (Ka) and 72 of U.P. Excise Act and Sections 272, 273 I.P.C., at Police Station Purkaji, District Muzaffar Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after released.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.9.2018 Md Faisal