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2013 DIGILAW 1662 (ALL)

Sandhya v. State of U. P.

2013-06-20

RAMESH SINHA

body2013
Ramesh Sinha, J.— Supplementary affidavit has been filed by the learned counsel for the applicant which is taken on record. Heard Sri S.K. Tiwari, learned counsel for the applicant and learned A.G.A. for the State. It has been contended by the learned counsel for the applicant that the applicant is Jethani of the deceased, there is no specific allegation against the applicant nor there is any dying declaration. Only general allegations has been levelled against the applicant. The applicant is in jail since 14.5.2013. Learned A.G.A. opposed the prayer for bail but could dispute the aforesaid facts as argued by the learned counsel for the applicants. The case of the co-accused namely, Sadanand Yadav is distinguishable from the case of applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Smt. Sandhya involved in Case Crime No. 139 of 2013, under Sections 498-A, 304-B IPC, Police Station Ekauna, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial Court on the date fixed. (iv) The applicant shall report to the police station concerned in the first week of each month to show her good conduct and behaviour. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. _____________