Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22830 of 2019 Applicant :- Smt. Savitri Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicant is that applicant is innocent and has not committed the present offence. She is mother in law of the victim girl. She is not involved in the offence under Section 376 IPC. Referring to the contents of the FIR and the statement of the victim recorded under Section 164 Cr.P.C. it is further argued that offence under Section 354, 494 IPC are also not attracted against the applicant. Nothing is on record to attract the offence under Section 498-A IPC. No demand was ever made by the applicant. No cruelty was cased by the applicant against the victim. The applicant has no criminal history. She is languishing in jail since 26.4.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Savitri Dubey involved in Case Crime No. 620 of 2017, under Sections 498-A, 323, 354, 494, 504, 376/511 I.P.C., P.S. Cantt, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 she is accused, or suspected, of the commission of which she 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 her 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019 Sachdeva