Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56018 of 2019 Applicant :- Smt. Rinki Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is wife of the deceased. She has falsely been implicated in the present case. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. There is no eye witness of the alleged occurrence. The applicant had never committed marpit with her husband. The marriage of the applicant was solemnized with deceased about 1 and 1/2 years ago from the date of alleged incident. The deceased has committed suicide himself due to some other reason. In postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The applicant has no concern with the alleged incident. The applicant has falsely been implicated due to being wife of the deceased. It has further been submitted that there is no cogent evidence with regard to abetment against the applicant. The co-accused Smt. Surajwati and Sattan have already been released on bail by another bench of this court vide orders dated 15.11.2019 and 16.11.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 11.6.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Rinki involved in Case Crime No. 172 of 2019, under section 306, 504, 506 IPC, P.S. Rajpura, District Sambhal be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.12.2019 Masarrat