Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7968 of 2019 Applicant :- Nisha Alias Nishwa Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, Sri Pankaj Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against applicant and Reeta alleging that applicant got her husband- Rajeev killed on 24.4.2017 night.
Learned counsel for the applicant submitted that the applicant is an issueless lady and she has been falsely named in the FIR just to grave her and her husband's property. The story of illicit relation between the applicant and her dever, Ram Manoha, had been falsely cooked up. There is no independent/eye witness account against the applicant. It is not clear whether the death of the deceased was homicidal or suicidal. Applicant is languishing in jail since 28.4.2017 (about two years and five months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Nisha alias Nishwa involved in Case Crime No. 156 of 2017, under Sections 302 IPC, P.S. Bhamaura, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 26.9.2019 Manish Tripathi