Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2695 of 2019 Applicant :- Smt. Vyanjana Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. He is mother-in-law of the deceased and residing separately in Gujarat from the husband of the deceased. Referring to the entire evidence collected during investigation, it is next contended that at the most, husband of the applicant may be held responsible for commission of the present offence. Applicant who is aged about 62 years, cannot commit the present offence. She is languishing in jail since 20.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is lastly submitted that the co-accused, namely, Bachchu Prasad Pathak, father-in-law of the deceased/husband of the present applicant has already been enlarged on bail by this Court vide order dated 9th January, 2019. The case of the present applicant is similar and identical to that of the co-accused Bachchu Prasad Pathak. It is, thus, urged that the present applicant is also liable to be enlarged on bail.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Vyanjana Devi involved in Case Crime No. 521 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Bakhira, District Sant Kabir Nagar be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
(Rajeev Misra, J.) Order Date :- 22.1.2019 Sushil/-