The court granted bail to the applicant, Sangeeta Devi, a Jethani falsely implicated in a rape case arising from a property dispute, noting her husband's prior release and lack of criminal record, with conditions against tampering.
Released on bail with a personal bond and two sureties, prohibited from tampering with evidence or pressuring witnesses.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32364 of 2018 Applicant :- Sangeeta Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Sangeeta Devi in Case Crime No. 94 of 2017, under Sections 376, 120-B I.P.C., Police Station- Khampur, District- Deoria with the prayer to enlarge her on bail.
Submission of the learned counsel for the applicant is that the applicant is Jethani of the prosecutrix and there was some family dispute between the parties in respect of some property on account of which the applicant and her husband have been falsely implicated in the present case. The allegation against her that she had assisted husband of victim in committing the alleged commission of rape on the prosecutrix appears to be highly improbable and unbelievable. Lastly, he submitted that applicant's husband Nagendra Kushwaha has been enlarged on bail vide an order dated 29.06.2018 in Criminal Misc. Bail Application No. 24077 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.07.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Sangeeta Devi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.8.2018/ Vikas/-
1 issue framed by the court
Whether the applicant, a Jethani unlawfully implicated in a rape case due to a family dispute, is entitled to bail.
Sangeeta Devi
State Of U.P.
Rahul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
