Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50690 of 2017 Applicant :- Prema Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected vide order of this Court dated 1.5.2017 passed in crl. misc. bail application no. 15360 of 2017.
Learned counsel for the applicant submitted that the accused-applicant, who happens to be the mother-in-law of the deceased. Learned counsel for the applicant has made statement at Bar of this Court that the husband of the deceased is already in jail. He further submitted that the cause of death of the deceased was strangulation. Learned counsel for the applicant further submits that the applicant being mother-in-law of the deceased and is in jail since 5.9.2016 with no previous criminal history.
The prayer for bail has vehemently been opposed by learned A. G. A.
Considering the submissions made by learned counsel for the applicant, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Prema 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 in Case Crime No. 114 of 2016, under Sections 498A, 304B, 316 IPC and section 3/4 D. P. Act, P.S. Pailani, District Banda with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
Order Date :- 29.11.2018 Manoj