Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34462 of 2019 Applicant :- Reema Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant has been confined to the ambit that the applicant is not named in the first information report. Her name has surfaced during course of the investigation. She has not been assigned any specific role to play in the commission of the offence. Fact is that the applicant had come to the house of her mother due to which she has been wrongly roped in, in this case by the police. Dhanwantari Devi, mother of the applicant has been admitted to bail by a coordinate Bench of this Court vide order dated 01.05.2019 in Criminal Misc. Bail Application No.18461 of 2019, copy whereof has been annexed as annexure no.10 to the affidavit filed in support of this bail application. In case the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant is languishing in jail since 23.07.2019.
Learned A.G.A. has opposed prayer for bail.
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 Reema Devi involved in Case Crime No.0155 of 2018, under Sections 147, 323, 504, 506, 427, 336, 304, 308 I.P.C., Police Station Jahanaganj, District Azamgarh 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 subject to the condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.8.2019 rkg