Court granted bail in the second bail application, noting delay in trial and release of a co-accused, directing release on personal bond with two sureties.
Released on bail by executing a personal bond and furnishing two sureties each to the satisfaction of the court.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13612 of 2018
Applicant :- Smt. Kamlesh Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh,Ramjee Saxena Counsel for Opposite Party :- G.A.,Jai Prakash Gupta,Satya Prakash Gupta
Hon'ble Vipin Sinha,J.
Counter affidavit filed on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Satya Prakash Gupta learned counsel for the complainant.
Applicant has moved the present second bail application seeking bail in Case Crime No. 6 of 2015 u/s 420, 467, 468, 471, 120B IPC PS Mandi District Saharanpur. The first bail application was rejected by this Court vide order dated 28.3.2016.
Contention of the learned counsel for the applicant is that while rejecting the first bail application specific direction was issued by this Court to conclude the trial expeditiously as early as possible, however till date trial has not been concluded. Further contention is that subsequent to rejection of the first bail application one of the coaccused Rajendra Chauhan has been granted bail on 18.9.2018. Contention is that applicant is woman and she is aged about 69 years and is in jail since 7.6.2015 as has been mentioned in para 3 of the supplementary affidavit dated 9.10.2018.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Smt. Kamlesh Tyagi involved in the aforesaid case crime number be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 18.1.2019 SP
1 issue framed by the court
Whether bail should be granted in second bail application considering delay in trial and co-accused being released
Smt. Kamlesh Tyagi
State Of U.P.
Vipin Sinha
As recorded by the court registry
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