Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11640 of 2019 Applicant :- Sheetal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.,Shams Uz Zaman
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. She is the Jethani of the deceased and was living separately alongwith her husband. Referring to the contents of the FIR as well as the statement recorded under Section 161 Cr.P.C. and also the post mortem report, it is further submitted that there is general allegation against all the accused. Applicant, who is also outsider in the family and was in the same position as was the deceased, would not be involved in committing the present matter. No benefit would be derived by the applicant from the said demand said to have been made on part of the accused person. Referring to the cause of death shown in the post mortem report, it is further submitted that at the most, only one person may be held responsible for causing the death of the deceased. The applicant has no criminal history. She is languishing in jail since 06.06.2018 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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 Sheetal involved in Case Crime No. 117 of 2018, under Sections 498-A, 302 IPC, P.S. Shingawali Ahir, District - Baghpat 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 following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 Sanjeet