Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44522 of 2018 Applicant :- Radha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Yadav,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Radha Devi seeking bail in Case Crime No. 57 of 2017, under Sections 147, 323, 504, 506, 308 IPC, Police Station Tarwa, District Azamgarh.
Learned counsel for the applicant has submitted that in respect of incident, FIRs have been lodged from both the sides and both the sides have received injuries. From the side of the applicant, two persons have received injuries, whereas from the side of the first informant also, two persons have received injuries.
Learned counsel for the applicant has next submitted that at this stage, who, out of the two rival groups, were the aggressors, can not be sifted.
Learned counsel for the applicant has further submitted that the applicant is a lady and she has no criminal history to her credit and she is in jail since 22.09.2018 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 has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant has no criminal history to her credit and she is in jail since 22.09.2018.
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 Radha Devi 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 :- 26.11.2018 Nadim