Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2901 of 2019 Applicant :- Smt. Sangeeta Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Smt. Sangeeta seeking bail in Case Crime No. 462 of 2018, under Sections 60(1) and 62 of U.P Excise Act and section 272,273 IPC, P.S. Purkaji, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant has not been arrested on the spot and no recovery whatsoever has been made from her possession or on her pointing out. Learned counsel for the applicant has next submitted that on the basis of overhearing at the place of incident, the name of the applicant has been mentioned and subsequently her name has surfaced on the basis of statement of co-accused. Learned counsel for the applicant has next submitted that the applicant is a lady and is in jail since 4.12.2018.
It is lastly submitted that the applicant has no other criminal history to her credit and the applicant is in jail since 4.12.2018 and in case the applicant is released on bail she will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Sangeeta 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.1.2019 R