Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48875 of 2018 Applicant :- Uma Opposite Party :- State Of U.P.
Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. The police has planted false recovery from the possession of the applicant. There is no public independent witness to the fact of recovery in question. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any previous criminal history and is languishing in jail since 26.9.2018. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits 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 - Uma involved in Case Crime No. 381 of 2018, under Sections - 379, 411 I.P.C., Police Station - Bharthana, District - Etawah 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 with the following conditions:-
(i) The applicant will furnish one local surety of the resident of Etawah.
(ii) The applicant will not tamper with the evidence during the trial.
(iii) The applicant will not pressurise/intimidate the prosecution witness.
(iv) The applicant will appear before the trial court on the date fixed.
Order Date :- 19.12.2018 S Rawat