Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41435 of 2018 Applicant :- Smt Sunita Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Smt Sunita seeking bail in Case Crime No. 674 of 2008, under Sections 498-A, 364 I.P.C. and 3/4 D.P. Act, P.S. Bewar, District Mainpuri.
Learned counsel for the applicant has submitted that the applicant is the Jethani of the victim and was living separately in Punjab at the time of the incident as such, she could not know about the pendency of the case against her. Learned counsel for the applicant has next submitted that during this period the trial of co-accused Shrimati Prem Shree, who is mother-in-law of the victim/deceased, continued and she has been acquitted vide order dated 15.01.2011. He has next submitted that the applicant has absolutely no role to play in the said incident as she was living separately.
Learned counsel for the applicant has next submitted that the applicant is in jail since 30.06.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicant is a lady and has no criminal history to her credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant has no criminal history and in jail since 30.06.2018 and that the co-accused Smt. Prem Shree, mother-in-law has already been acquitted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt Sunita be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 Arun Gangwar