In a bail application under Sections 302/34/506/120-B IPC, the Court, without expressing an opinion on merits, discharged the applicant on bail with a personal bond and two sureties under standard conditions.
Applicant released on bail with personal bond and two sureties subject to conditions regarding evidence tampering and witness pressure.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34429 of 2019
Applicant :- Kamlawati Opposite Party :- State of U.P. Counsel for Applicant :- Girish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Girish Kumar Singh, 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 applicantKamlawati in Case Crime No. 150 of 2019, under Sections 34, 302, 506, 120-B I.P.C., Police Station- Kasya, DistrictKushinagar with the prayer to enlarge her on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The first information report in the present case has been lodged after about nine days of the alleged incident in which only role of hatching conspiracy has been alleged against the applicant who is a lady. It is stated that there is no reliable or cogent evidence in this regard. The case of the applicant is distinguishable from that of other co-accused against whom there is chain of circumstances showing their involvement. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 9.4.2019, 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 dispute the aforesaid submissions advanced on behalf of the applicant, however, it is submitted that the case of the applicant is distinguishable from that of other co-accused.
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- Kamlawati 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:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
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 :- 5.11.2019 Vikas
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving alleged murder and conspiracy.
Kamlawati
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
