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Priyanka Srivastava vs State Of U.P. on 20 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 12527 of 2019

Applicant :- Priyanka Srivastava

Opposite Party :- State of U.P.

Counsel for Applicant :- Hari Krishna Verma,Atul Verma

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.97 of 2019 under Sections 498A, Section304 B I.P.C and Section 3/4 D.P. Act, Police Station-Naka, District-Lucknow, with the prayer to enlarge her on bail.

The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 06.12.2019. It has been contended by the learned counsel for the applicant that the applicant is the sister-in-law of the deceased. Only general allegation has been levelled against the applicant. He further submitted that the applicant is residing with her husband in a separate accommodation and her husband namely Shailendra Srivastava has been enlarged on bail by this Court, vide order dated 01.07.2019 passed in Criminal Misc. Bail Application No.6262 of 2019, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that in the FIR, allegations have been levelled against the applicant also but has fairly conceded that the applicant is living separately.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant -Priyanka Srivastava- be released on bail in the aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 20.12.2019

Amit/-

 

 

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