Court No. - 18 Case :- BAIL No. - 5819 of 2010 Petitioner :- Smt.Sapna Soni Respondent :- The State Of U.P. Petitioner Counsel :- Vishnu Dev Shukla Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, Mr. Mohd. Riaz, learned counsel for
the complainant, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicant is that the case is
based on circumstantial evidence and there is no incriminating circumstance
against the applicant, which could show the applicant’s complicity in the
incident of the death of deceased Chandu and the alleged confessional
statement made by the applicant or her husband are inadmissible in law and
can not be read as evidence against her.
Learned counsel for the complainant, on the other hand, opposed the bail and
submitted that the applicant’s husband co-accused Govind Singh, in his
confessional statement before the police disclosed the motive of crime that
deceased Chandu had committed rape with his wife and also stated about the
involvement of the applicant in the incident. Besides that, the applicant
herself made confessional statement showing her complicity.
Considering the above circumstances and the points pertaining to the nature of
accusation, severity of punishment, reasonable apprehension of tampering the
witnesses, prima facie satisfaction regarding proposed evidence and
genuineness of the prosecution case, the applicant appears entitled to bail.
The application is, accordingly, allowed.
Let applicant Smt. Sapna Soni, involved in Case Crime No. 3143 of 2009,
under sections 364, 302 and 201 I.P.C., Police Station- kotwali Nagar,
District-Sultanpur, be enlarged on bail on her executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the Court
concerned.
Order Date :- 5.8.2010
Rizvi