Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40131 of 2019 Applicant :- Manorma Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. The applicant has no role to play in the commission of the offence. He has no concern with the offence in question. Under similar circumstances, co-accused Rambha Devi has already been admitted to bail by this Court on 25.9.2019 in Criminal Miscellaneous Bail Application No.39423 of 2019 (Rambha Devi vs. State of U.P.), copy whereof has been produced by the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant is languishing in jail since 8.7.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Manorma Devi involved in Case Crime No. 159 of 2019, under Sections - 147, 148, 149, 304 I.P.C., Police Station - Khampur, District - Deoria 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.
Order Date :- 27.9.2019 S Rawat