Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10853 of 2017 Applicant :- Smt. Rachna Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi 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. 13 of 2017, under Sections 306, 323, 504 I.P.C., P.S. Girar, District Lalitpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that from the prosecution version as made in the F.I.R., there is dispute that the deceased has committed suicide. It is difficult to say as to what exactly is the cause of suicide. It has also been submitted that the applicant is languishing in jail since 20.01.2017 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
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 Smt. Rachna involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.4.2017 A. Tripathi