MEMWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material brought on record.

(2.) It is contended by learned counsel for the applicant that applicant is a Lady aged about 53 years old suffering from many old age ailments. The applicant and has been falsely implicated in the present case due to malicious intention. The informant with an oblique motive has implicated the applicant in the present case. No specific role has been assigned to the applicant. There is no independent, impartial reliable eye witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. It is next contended that PW-1 and PW-2 has turned hostile before the trial court concerned and have not supported the prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 17/9/2022, having no previous criminal history she undertakes that she will not misuse the liberty, if granted.

(3.) Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail she will misuse the liberty of bail.