Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54773 of 2021 Applicant :- Smt. Murti @ Moorti Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kishor Gupta,Shiv Shankar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ram Kishor, learned counsel for the applicant and Sri Nagendra Kumar Srivastava, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt. Murti @ Moorti, with a prayer to release her on bail in Case Crime No. - 130 of 2021, under Section - 306 I.P.C., Police Station - Majhgawan, District - Hamirpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 15.10.2021, the applicant is in confinement since 11.11.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant is the mother-in-law of the deceased who committed suicide on account of other reasons not involving the present applicant. The marriage itself was more than seven years old. Only vague and general allegations exist which fall within the sphere of suspicion.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Abhilash