Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13781 of 2017 Applicant :- Suryabali & Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri Abhishe Kumar, the learned counsel for the complainant and Sri Sandeep Agrahari, learned A. G. A. for the State.
Applicants have moved the present bail application seeking bail in Case Crime No. 406 of 2016, under Sections 147, 302/34, P.S. Sureri, District Jaunpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case. It is contended that the applicants is the dewar and sister-in-law of the deceased. Reliance has been placed upon the statement of Ramesh Pate, contents of which are self explicit. It is further contended that the husband is already in jail and that father-in-law and mother-in-law have already been granted bail. It is lastly contended that the applicants are in jail since 21.9.2016.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicants Suryabali and Seema Devi involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 19.4.2017 Kuldeep