Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6445 of 2015 Applicant :- Smt. Vindu Pandey @ Bindo Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,V.P. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
The applicant is accused under Sections 302 and 201 I.P.C. Her first and second bail applications have been rejected. In support of the third bail application, a copy of the order-sheet of the trial court has been brought on record by way of a supplementary affidavit, which is taken on record.
The only contention raised by learned counsel for the applicant is that the applicant is about 64 years old lady. She has been in jail since 24.9.2012 and the trial is not likely to be concluded in foreseeable future. The order sheet indicates that the matter is being repeatedly adjourned on the ground of non-production of prosecution witnesses.
I have heard learned counsel for the applicant and the learned A.G.A..
Perusal of order sheet of the trial court indicates that on several occasions the matter was adjourned due to the fact that prosecution is failed to get the witnesses examined. The applicant cannot be blamed for tardy progress of the trial.
Learned counsel for the applicant has tried to convince the Court that the applicant has been falsely implicated.
Be that as it may the first and second bail applications have been rejected on merits, however, in view of the fact a 64 years old lady is in jail for more than five years and the trial court is not proceeding expeditiously as expected, in addition to it from the order sheet it appears that there is no likelihood that the trial will be concluded in near future for no fault of the applicant, I am of the view that lady applicant is entitled to be enlarged on bail.
Accordingly, the applicant, Smt. Vindhu Pandey alias Bindo Pandey wife of Vinod Pandey 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. 253 of 2012, under Sections 302 and 201 IPC, Police Station Sigra, District Varanasi subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The trial court is directed to conclude the trial expeditiously preferably within eight months.
The bail application is accordingly allowed.
Order Date :- 23.3.2018 Digamber