Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40509 of 2018 Applicant :- Rita Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Dewarshi Kumar Rai 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.
Applicant has moved the present bail application seeking bail in Case Crime No.81 of 2018 u/s 302, 201, 120B IPC PS Cholapur District Varanasi.
Contention of the learned counsel for the applicant is that applicant was not named in the FIR, however subsequently he has been falsely implicated solely on the basis of suspicion after six days of the incident. Further contention is that there is no direct evidence which may show the participation of the applicant in the alleged crime. The recovery of Danda as shown against the applicant is false and fabricated. Contention is that applicant is woman and she in jail since 15.2.2018 with no criminal history and in case she is released on bail she will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Rita Devi involved in the aforesaid case crime number 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 :- 26.10.2018 SP