Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35741 of 2018 Applicant :- Nirmala Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Usha Srivastava,Jitenrda Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is the wife of brother-in-law of the deceased. No specific role has been assigned to her. Only this much has been stated that the present applicant in company with other administered pills of Salphas in the mouth of Shiv Poojan. No specific allegation regarding abetment has been extended on the part of the applicant. Under similar circumstance, co-accused Mamta Devi has been admitted to bail by this Court vide order dated 24.08.2018 in Criminal Misc. Bail Application No.32184 of 2018. Copy of the bail order has been annexed as annexure no.5 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 30.07.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the 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 Nirmala Devi involved in Case Crime No.44 of 2018, under Section 306 I.P.C., Police Station Raipura, District Chitrakoot 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.9.2018 rkg