Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32127 of 2018 Applicant :- Yashoda Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shamasul Eslam, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and she has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is not belongs to the place of alleged incident and have no concern with the present case. The said fact has been mentioned in para 9 to the affidavit filed in support of bail application. There is no independent witness of the alleged incident. It is also submitted that nothing has been recovered from the possession of the applicant, a false recovery of raw wine which has been shown from the possession of the applicant, is planted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is a lady and languishing in jail since 21.07.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Yashoda Devi involved in Case Crime No. 98 of 2018, under Section 60(1), 63 Excise Act and section 272, 273 I.P.C., Police Station Nagra, District Ballia be released on bail on her furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti