Hon'ble Om Prakash-VII allowed bail application filed by Smt. Seema Shastri accused under Sections 302, 201 IPC in P.S. Visharatganj, District Bareilly, after perusing record and hearing counsel.
Release on bail on furnishing personal bond and two heavy sureties subject to five conditions.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24703 of 2021
Applicant :- Smt. Seema Shastri Opposite Party :- State of U.P. Counsel for Applicant :- Alok Tiwari,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Criminal Misc. Exemption Application is allowed.
Heard Shri Rakesh Pati Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. No prima facie case is made out against the applicant. F.I.R. was lodged against unknown person. Applicant is the first wife of the main accused Sunil Sankhdhar. She was not present at the place of occurrence. To substantiate this argument, learned counsel for the applicant referred to petition moved under Section 125 CrPC against the co-accused and further submitted that she was living at her parental house. Co-accused married with the deceased. Applicant has been implicated in this case being the first wife of the co-accused. Referring to the contents of F.I.R. and statement of witnesses recorded under Section 161 CrPC it is further submitted that if entire prosecution case is taken into consideration then also main role for committing the present offence can be taken against the co-accused Sunil Sankhdhar. Applicant is an woman. Nothing has been recovered from her possession. Recovery shown by the prosecution is against co-accused. The applicant has no criminal history. She is languishing in jail since 10.11.2020 and in case she is released on bail, she 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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 Smt. Seema Shastri involved in Case Crime No. 208 of 2020, under Sections 302, 201 IPC, P.S. Visharatganj, District - Bareilly 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 following 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 :- 7.2.2022
safi
1 issue framed by the court
Whether the applicant is entitled to bail in the current criminal case.
Smt. Seema Shastri
Om Prakash-VII
As recorded by the court registry
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