Geeta v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47734 of 2023 Applicant :- Geeta Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Singh,Rohit Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar,Vipin Kumar Narauriya Hon'ble Vivek Varma,J.

¶1Case called out in the revised list. Counsel for the informant is not present.

¶2Heard counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-opposite party.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 178 of 2023, under Sections 498A, 323, 506, 364 and 120B I.P.C., Police Station-Dholna, District-Kasganj, during the pendency of trial.

¶4Counsel for the applicant contends that the applicant is the sister-in-law of the victim and has been falsely implicated in the present case. Vague and general allegations have been levelled against her. The applicant lives separately with her son. In this regard, a municipal tax receipt of the house of her son has been annexed as Annexure No. 11 to the affidavit. The applicant is a lady and is in jail since 03.08.2023, having no criminal history and in case, she is enlarged on bail, she will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record this Court prima facie finds that vague and general allegations have been levelled against the applicant. The applicant is the sister-in-law of the victim. At this stage, there is no substantive evidence against her. Further, the applicant is a lady and has no criminal antecedents, and has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant Geeta, involved in the aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶8In 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 :- 4.12.2023 Sachin Mishra High Court of Judicature at Allahabad