Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45430 of 2018 Applicant :- Smt. Neelam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two accused persons, namely, Sunil and mother of Sunil alleging that on 13.3.2018 the deceased Ashok Kumar was died by drinking poisonous wine supplied by them.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The applicant is lady. Co-accused namely Ranjeet Mandal, Dileep Rana, Banti @ Kalia and Sunil have already been granted bail by co-ordinate Bench of this Court vide order dated 24.8.2018 and 18.9.2018 in Criminal Misc. Bail Application Nos. 31690 of 2018 and 35081 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no independent witness against the applicant. There is no chemical examination report to show that recovered wine was adulterated. On the basis of suspicion only, F.I.R. was lodge. After thought, the false story was developed with legal consultation due to previous enmity. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 16.3.2018 (near about eight and half months) having no previous criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that applicant has no previous criminal history.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Smt. Neelam involved in the Case Crime No. 172 of 2018, under Sections 304, 328, 120-B I.P.C., P.S. Khoda, District Ghaziabad be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2018 A. Singh