Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30319 of 2019 Applicant :- Sonam Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that absolute false allegation of abetment has been tried to be made though the same does not befit under prevailing facts and circumstances of the case. It is obvious that the applicant was never married to the deceased Omkar Singh. Record shows that the applicant is the wife of late Shashipal, younger brother of the deceased. The applicant being a lady has been imputed unchastity for no worthy reason. The applicant has nothing to do with the deceased, therefore, there is no point for making abetment to the deceased as such. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.04.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Sonam involved in Case Crime No.48 of 2019, under Section 306 I.P.C., Police Station Rajjabpur, District J.P. Nagar (Amroha) be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2019 rkg