Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 659 of 2018 Applicant :- Smt. Vimla Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Maurya Counsel for Opposite Party :- G.A.,Kamlesh Kumar Kanojiya
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A. G. A. for the State and Kamlesh Kumar Kanojiya learned counsel for the complainant.
This is the second bail application. The first bail application of the applicant was rejected vide order of this Court dated 21.3.2017 passed in Crl. Misc. Bail Application No.3842 of 2017.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
Learned counsel for the applicant submitted that subsequent to the rejection of the first bail rejection of the applicant, the co-accused Anirudh Verma who is the father in law has already been enlarged on bail by this Court vide order dated 22.11.2017 passed in Criminal Misc. Bail Application No. 3818 of 2017. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 25.6.2016.
The prayer for bail has vehemently been opposed by learned A. G. A and learned counsel for the complainant. However, they do not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Smt. Vimla Devi 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 in Case Crime No. 276 of 2016 u/s 498A, 304B,316 IPC and Section 3/4 DP Act PS Gauri Bazar District Deoria.
Order Date :- 23.2.2018 SP