Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17238 of 2019 Applicant :- Smt. Ramdevi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He further submits that there is no direct testimony as was required for implication of the applicant. Nothing incriminating has been recovered from the possession of the applicant. There is no direct or indirect evidence against the applicant, except the confessional statement of the co- accused and the applicant. The police has worked out a false case based on no evidence against the applicant. The applicant has no motive to commit the offence. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.01.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Smt. Ramdevi involved in case crime no.09 of 2019, under Sections 302 IPC and 3(2)(v) SC/ST Act, Police Station Jakhlaun, district Lalitpur 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. She will cooperate in the trial bonafidely without seeking adjournments.
3. She shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.4.2019 Raj