Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35032 of 2019 Applicant :- Smt. Rubi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Verma,Ajit Kumar Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. There are general and vague allegations against the applicant. The allegations on the face are not specific. Assuming it to be that any provocation was given to the deceased, then the same cannot be interpreted and construed as provocation meant for committing suicide. Every wife wants that her husband must earn some money, with that view, if any, conversation took place, this conversation cannot be linked with mens rea or reason for abetment to the deceased to commit suicide. The applicant has no criminal history nor the applicant has played any role in causing the death of her husband. She is languishing in jail since 30.06.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out 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 - Smt. Rubi involved in Case Crime No. 1071 of 2018, under Section - 306 I.P.C. Police Station - Vijaynagar, District - Ghaziabad 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 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 :- 28.8.2019 N.A.