Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3890 of 2019 Applicant :- Rambeti Opposite Party :- State Of U.P. Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on account of village party bandi. Initially, in this case, an N.C.R. was lodged, whereafter during investigation, the case was converted inter-alia under Section 308 IPC. No specific role has been assigned as to who caused injuries on the head of the victim-Meena. She being a lady, she will have to look after her children, therefore benefit of the provision of Section 437 Cr.P.C. may be extended to her. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 2.1.2019.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Rambeti involved in Case Crime No.
325 of 2013, under Sections - 323, 325, 504, 308 I.P.C., Police Station - Kannauj, District - Kannauj 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 :- 29.1.2019 S Rawat