Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24953 of 2018 Applicant :- Nisha Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Rohit Nandan Pandey and Sri Sanjeev Kumar Pandey, learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that as per prosecution case the daughter of the informant i.e. Rashmi assaulted the wife of the informant with iron rod; younger daughter in her statement has stated that it is Rashmi who assaulted the mother who subsequently succumbed to her injury; name of the applicant surfaced on mere suspicion on the allegation that Rashmi and the applicant are lesbian; there is no other evidence except assigning role of conspiracy; main role of assault is assigned to Rashmi; assault weapon was recovered on the pointing out of Rashmi. The applicant is languishing in jail since 03.04.2018, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Nisha Gautam, involved in Case Crime No. 464 of 2018, under Section 304, 120-B I.P.C., P.S. Kavi Nagar, District Ghaziabad, be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
Order Date :- 30.7.2018 K.K. Maurya