Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20777 of 2017 Applicant :- Smt.Rani Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Singh Chauhan,Sunil Kumar Misra Counsel for Opposite Party :- G.A.,Ram Shankar Yadav,Sunil Kumar Chaudhari
Hon'ble Rajul Bhargava,J.
Heard Sri S.K. Dubey, holding brief of Sri Amit Singh Chauhan & Sri Sunil Kumar Misra, learned counsels for the applicant, Sri Ram Shankar Yadav & Sri Sunil Kumar Chaudhari, learned counsels for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.364 of 2016 (S.T. No.1391/2016) under Sections 302, 120B IPC, Police Station Mainathar, District Moradabad, with the prayer to release her on bail.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case by the first informant. The only evidence against the applicant is that she had illicit relation with co-accused Omkar and with his collusion he got her husband murdered. There is no reliable, direct or indirect evidence to show involvement in the murder of her husband. Lastly, it is submitted that the applicant is a lady and she is languishing in jail since 28.9.2016.
Per contra, learned counsel for the informant as well as learned AGA vehemently opposed the bail but could not point out any reliable evidence or circumstance showing the involvement of the applicant in the murder of her husband and also the period of detention of the applicant in jail for about one year and nine months.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Smt.Rani, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.4.2018 Hasnain