Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40299 of 2018 Applicant :- Renu Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh,Shyamu Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Birendra Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Renu in Case Crime No. 175 of 2018, under Sections 352, 323, 504, 302, 308 & 325 I.P.C., Police Station- Chiluwatal, District- Gorakhpur with the prayer to enlarge her on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the deceased Smt. Keshari Devi and sister of the applicant, Maya belong to the same family who are married to late Shiv Pujan. There was dispute between sister of the applicant and deceased over construction of toilet on account of which on the fateful day i.e. on 05.05.2018 at about 12.00 P.M. the applicant, who is a lady, and three other accused are stated to have assaulted Smt. Keshari Devi, Km Radha and Nitin by Garasa and Fawada. Learned counsel for the applicant states that neither the deceased nor any of the injured has received injuries which could be caused by Garasa and they have been caused by some hard and blunt object. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 07.05.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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 advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Renu 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 :- 31.10.2018/Vikas