Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39788 of 2019 Applicant :- Smt Omwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Crux contention raised before this Court is that no offence whatsoever has been committed by the applicant. She is innocent and has been falsely implicated in the present case. In this case, both sides have lodged reports and cross cases exist between the parties. Both sides have sustained injuries. The case of the applicant is that in this case though the applicant was initially named in the first information report, but after investigation, case against him was found to be false, therefore, applicant was not charge-sheeted, however, the trial court in exercise of power under Section - 319 Cr.P.C., summoned the present applicant. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 03.09.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit 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 - Smt Omwati involved in Case Crime No. 642 of 2016, under Sections - 323/34, 304/34, 504 I.P.C., Police Station - Tilhar, District - Shahjahanpur 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.
Order Date :- 26.9.2019 S Rawat