Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56791 of 2019 Applicant :- Smt Nemwati Opposite Party :- State of U.P.
Counsel for Applicant :- Indra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Indra Kumar Mishra, learned counsel for the applicant; as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt Nemwati with a prayer to release her on bail in Case Crime No. - 378 of 2018, under Sections -323, 342, 504, 366, 366A, 368, 370 I.P.C.
& 10 POCSO Act, 2012, Police Station -Cantt, District -Bareilly, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Amar Singh & Kamal Singh, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.25621 of 2019 & 29428 of 2019 vide orders dated 08.08.2019 & 23.07.2019 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. Further, it has been submitted that the applicant has no criminal history.
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 trial 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 :- 19.12.2019 S.Chaurasia