Allahabad High Court
Omwati @ Modho vs State Of U.P. on 13 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47861 of 2019 Applicant :- Omwati @ Modho Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Heard 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 mother-in-law of deceased. She is innocent and has been falsely implicated in the present case. She has no concern with the present matter. Cause of death of the deceased is ante-mortem hanging. General role has been assigned against her in the FIR. The applicant has no criminal history. She is languishing in jail since 14.08.2019 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, evidence, complicity of 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 Omwati @ Modho involved in Case Crime No. 48 of 2019, under Sections 323, 498-A, 304B IPC and 3/4 D.P. Act, P.S. Dauki, District - Agra 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. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 Sanjeet