This judgment allows bail to the applicant, Matlubun Nisha, in a criminal case for afflicting a personal bond and sureties and under standard bail conditions without expressing an opinion on the merits of the case.
Release of the applicant on bail on furnishing a personal bond and two heavy sureties subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47553 of 2019
Applicant :- Matlubun Nisha Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Shiv Nath Singh(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Bipin Kumar, learned Advocate on behalf of the informant is taken on record.
Learned counsel for the applicant is permitted to correct the penal sections in the memo of application.
Heard Sri Shiv Nath Singh, learned Sr. Advocate assisted by Sri Rajesh Kumar, learned Advocate for the applicant and learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of learned Senior counsel for the applicant is that applicant is innocent and has not committed the present offence. FIR was lodged in this matter on the day of incident i.e. 7.6.2019 for the offence under Section 304-B, 504 IPC and Section 3/4 D. P. Act. Cause of death shown in the post mortem report is ante mortem injuries. Husband of the deceased also committed suicide after the death of his wife. Mother of the deceased was interrogated on 3.3.2016. She did not allege anything against the victim to attract the aforesaid offence. Applicant is aged about 70 years and is in jail since 26.9.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Matlubun Nisha involved in Case Crime No. 182 of 2015, under Sections 498-A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Syadraja, District Chandauli be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.11.2019
Sachdeva
1 issue framed by the court
Whether the applicant is entitled to release on bail pending trial in a case involving Sections 498-A, 304-B IPC and D.P. Act.
Matlubun Nisha
State of U.P.
Om Prakash-VII
Sachdeva
As recorded by the court registry
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