Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32551 of 2021 Applicant :- Smt. Neelam Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Radhey Shyam Maurya,Rajeev Upadhyay
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, in brief, is that the applicant happens to be wife of accused Rajesh Singh. There is some confessional statement of accused Rajesh Singh before the police regarding commission of the crime although the same is denied. The applicant has got nothing to do with offence in question. Nothing incriminating has been recovered from possession of the applicant. The applicant being lady cannot be expected to commit any such offence like the present one and she has got nothing to do with the confessional statement of accused Rajesh Singh. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and she is languishing in jail since 25.02.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of 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 Smt. Neelam involved in Case Crime No.34 of 2021, under Sections 302/34, 120B, 201 I.P.C., Police Station Khanpur, District Ghazipur 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 :- 27.10.2021 rkg