Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8686 of 2019 Applicant :- Smt. Omwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Smt. Omwati seeking bail in Case Crime No. 854 of 2018, under Sections 147, 148, 323, 324, 307, 504, 506 IPC, Police Station Farah, District Mathura.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the allegations made in the FIR, as many as five persons are said to have assaulted the victims, due to which, five persons have suffered injuries on their persons. The injuries of Shipra and Phulo Devi have been advised for X-Ray, however, as per the X-Ray report, no abnormality has been detected in their injuries and the injuries are not dangerous to life. The injuries of other victims are also opined to be simple in nature.
Learned counsel for the applicant has next submitted that the applicant is a lady and she has no criminal history to her credit and she is in jail since 28.12.2018 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is a lady and she has no criminal history to her credit and she is in jail since 28.12.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Omwati be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.2.2019 Nadim