Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7955 of 2019 Applicant :- Smt. Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
S/Sri Ranjeet Kumar and Sri S.M.A. Abdy, Advocates filed their Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, S/Sri Ranjeet Kumar and Sri S.M.A. Abdy, learned counsel for the complainant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against eight accused persons, namely, Indraraj (Father-in-law), Sunil (Husband), Banti (Devar), Anil (Devar), Boby (Devar), Rubi (Nand), Santosh (Mother-in-law) and Hemlata (Devrani) alleging that Seema, sister of the complainant was married with Sunil Kumar on 4.7.2010. For demand of bullet motorcycle, they killed her on 29.7.2018 by strangulation.
Learned counsel for the applicant submitted that the applicant is mother-in-law and is an old lady and is languishing in jail since 30.7.2018 (about seven months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to the applicant. She had no concern with the so called demand and she is not beneficiary of the same. She had committed suicide herself and the reason best known to her. Initially the case was registered under Section 306 I.P.C. and subsequently charge-sheet was submitted under Section 302 I.P.C. There is no eye witness account against the applicant. There is no independent witness against the applicant 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. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of co- accused Sonu, who has been enlarged on bail Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Santosh involved in Case Crime No. 332 of 2018, under Section 498A, 302 IPC, Police Station- Babugarh, District- Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 OP