Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19522 of 2018 Applicant :- Smt. Vindu Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is mother-in-law of the deceased who had committed suicide by throwing herself in front of a running train for want of additional dowry of motorcycle and one lac rupees. It is contended that the applicant is old aged lady of 75 years suffering from cancer who is being treated for the said disease also and the copy of medical prescription has been filed as annexure-9. It is next contended that applicant has been falsely implicated on general allegations which is against the settled principles of law laid down by the Hon'ble Apex Court reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh. It is next contended that the applicant does not have any criminal history and she has been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 12.4.2018 and in case she is enlarged on bail, she will not misuse the liberty of bail. It is next contended that there is no chances of the trial to be concluded in near future.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Smt. Vindu Devi, involved in case crime No. 685 of 2015, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Bhatani, District Deoria be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 31.5.2018 faraz