Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13529 of 2018 Applicant :- Munisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Yadav,Rinki Gupta,Saral Singh Counsel for Opposite Party :- G.A.,Sunil Kumar And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3604 of 2018 Applicant :- Smt. Narayan Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Saral Singh,Rajesh Yadav,Rinki Gupta Counsel for Opposite Party :- G.A.,Sunil Kuma,Sunil Kumar
Hon'ble Rajul Bhargava,J.
Since both the bail applications arise out of same case crime number, they are being disposed of by a common order.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Smt. Rinki Gupta, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail applications have been filed by the applicants- Munisha & Smt. Narayan Devi in Case Crime No. 449 of 2017, under Sections 147, 148, 323, 504, 506, 452, 307 & 302 I.P.C., Police Station- Civil Line, District- Etawah with the prayer to enlarge them on bail.
It has been contended by the learned counsel for the applicants that five accused persons were named in the F.I.R. The incident took place on trivial issues. They assaulted the deceased (husband of the complainant) with lathi-danda and axe, he received head injury. It is not certain that who is the author of that injury. The co-accused Smt. Sushma and Updesh Kumar have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 04.04.2018 & 25.06.2018, passed in Criminal Misc. Bail Application Nos. 9963 & 23346 of 2018, respectively. There is no eye witness account of the incident. There is no independent witness against the applicants. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 06.11.2017 & 04.10.2017, respectively, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants- Munisha & Smt. Narayan Devi be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018 Vikas