This court granted bail to the applicant, Smt. Mithlesh Sharma, in a murder case, relying on the fact that a co-accused had been released. Bail was granted on a personal bond with two sureties.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31910 of 2018
Applicant :- Smt. Mithlesh Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This is the second bail application. The first bail was rejected by this Court on merit on 11.4.2018.
The present bail application has been filed by the applicant in Case Crime No. 147 of 2017, u/s 304-B, 498-A IPC and 3/4 D.P. Act, P.S. Mahuli, District Sant Kabir Nagar with the prayer for enlarging her on bail.
It is submitted by learned counsel for the applicant that the applicant is mother-in-law. The prosecution has made allegation of demand and torture against the applicant and co-accused Haridayal (dever). The fresh ground on which the bail is being sought, is that the co-accused Haridayal (dever) has been enlarged on bail by co-ordinate Bench of this Court in Bail Application no. 26750 of 2018 subsequent to the rejection of bail application of the applicant.
Learned A.G.A. has opposed the prayer for bail. However he could not point out any distinguishable feature from that of co-accused, who has been enlarged on bail.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Smt. Mithlesh Sharma involved in the aforesaid case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.9.2018
Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the co-accused Has been enlarged on bail.
Smt. Mithlesh Sharma
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
