In Criminal Misc. Bail Application No. 32351 of 2018, the court granted bail to Smt. Sunita accused under Section 363 IPC. The court allowed release on a personal bond with two sureties, emphasizing the reformative theory of punishment.
Release on bail on furnishing a personal bond with two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32351 of 2018
Applicant :- Smt. Sunita Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar Tripathi, learned counsel for the applicant and Sri Ravi Singh Parihar, 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. It is further submitted that applicant was not named in the first information, nor he has any concern with the alleged offence. It is also submitted that he has falsely been roped in the present case only on account of suspicion. There is no independent witness of the alleged incident. 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 17.04.2017. 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 Smt. Sunita involved in Case Crime No. 98 of 2017, under Section 363 I.P.C., Police Station T.P. Nagar, District Meerut be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of
the court concerned with the following conditions:-
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 :- 24.8.2018 Arti
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the nature of accusation and severity of punishment?
Whether the reformative theory of punishment supports her release on bail.
1 provisions across 1 enactments
Smt. Sunita
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
