Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.209 of 2019, under Sections 147, 323, 313, 504, 506 I.P.C., Police Station Haidergarh, District Barabanki, with the prayer to enlarge hieron bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 09.07.2019. It is further submitted that the complainant is the neighbor of the applicant and when the complainat tried to make brick welding over the area of applicant, the family members of the applicant restrained the complainant, but due to annoyance complainant started quarrelling with the applicant and her family members, and abused them. In the meantime, skirmish was taken place, as there was no such intention to cause any injury. He further submits that complainant side was aggressor and he further submitted that as there is no such any evidence that due to act of applicant and her husband, fetus of Ms. Ruchi Mishra (daughter-in-law of complainant) was aborted. In the said incident, he further submitted that the applicant is a lady and she is being merely victimized by the complainant. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Smt. Mamta Misra be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.8.2019 S. Shivhare