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Allahabad High Court · body

2018 DIGILAW 229 (ALL)

Maya v. State of U. P.

2018-01-29

RAJIV GUPTA

body2018
JUDGMENT & ORDER : RAJIV GUPTA, J. 1. Heard learned counsel for applicant, learned AGA for the State and perused the record. 2. This bail application has been filed by the applicant Smt. Maya seeking bail in Case Crime No. 249 of 2017, under Sections 363, 147, 302, 201 IPC, P.S. Sasni Gate, District Aligarh. 3. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. 4. Learned counsel for the applicant has further submitted that in the statements of the first informant Smt. Rekha and her husband Anuj, recorded under Section 161 CrPC, there is absolutely no evidence to connect the applicant with the present case. 5. He has further submitted that name of the applicant has surfaced in the second statement of the first informant, in which, suspicion has been raised on the family members of the applicant, who may caused the death of the victim. 6. Learned counsel for the applicant has further submitted that after 20 days of the incident, the statement of one Bharat Singh has been recorded, in which, it is alleged that on the date of the incident i.e. on 20.05.2017, he had seen the deceased in the company of the applicant, however beyond this, no incriminating material has been shown to be recovered from the possession or on the pointing out of the applicant. 7. He has further submitted that the applicant is a lady and 70 years of age and she has no criminal history to her credit and she is in jail since 27.05.2017. 8. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant. 9. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. 10. Let the applicant Smt. Maya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :- (i) The applicant shall not indulge in any criminal activity. 10. Let the applicant Smt. Maya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :- (i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence. (iii) The applicant shall not pressurize the prosecution witnesses. (iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court. 11. In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.