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TMI Blog2018 (11) TMI 1930X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Special Court, Lucknow - application allowed. - Criminal Misc. Bail Application No. - 42101 of 2018 - - - Dated:- 1-11-2018 - Hon'ble Ramesh Sinha, And Hon'ble Dinesh Kumar Singh-I, JJ. For the Applicant : Om Prakash Tripathi, Counsel. For the Opposite Party :- Gyan Prakash, Counsel. ORDER Sri Parthiv K. Goswami and Sri O.P. Tripathi, learned counsel for the applicant, Sri Gyan Prakash, learned counsel appearing on behalf of Union of India. Learned counsel for the applicant has drawn the attention of the Court towards para-15 of the petition in which the order passed by the Apex Court on 7.9.2018 has been mentioned. By the said order, the applicant, who is wife of main accused Yadav Singh was dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.4.2018 which was modified on 1.5.2018. The order dated 19.4.2018 passed by the Apex Court is quoted hereinbelow:- Upon hearing the counsel the Court made the following order. The High Court has dismissed the bail application preferred by the petitioners on the ground that the petitioners have not been taken into custody and in the absence thereof, the application under section 439 Cr.P.C. would not be maintainable. Because of the aforesaid reason, the High Court has not gone into the merits of the application for bail submitted by the petitioners. Learned counsel for the petitioners has drawn our attention to the application dated 15.3.2018 filed by the petitioners seeking bail. Paragraph 9 thereof reads as under:- 9. Tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the applicant prays that taking into account her old age and ailments as she is suffering from various disease and kidney has been transplanted as has been mentioned in paras-4, 5, 6, 7 and 8, the applicant may be released on interim bail by this Court for which she is ready to abide by any condition imposed by this Court. He further undertakes that the applicant will co-operate with the trial which is said to be going before the trial court concerned. Learned counsel appearing on behalf of Union of India could not dispute the arguments advanced by learned counsel for the applicant with respect to the order passed by the Apex Court 7.9.2018 as well as 19.4.2018 for hearing the bail application of the applicant. He submits that from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w be released on interim bail on her furnishing a personal bond of Rs. 5 lacs with two sureties each in the like amount to the satisfaction of the Special Court, Lucknow. The applicant is directed to co-operate with the trial which is said to be going on before the trial court concerned failing which interim bail granted to her shall automatically stands cancelled. The Special Court, Lucknow shall ensure that if the applicant has any passport, the same shall be deposited and the applicant may not leave the country without the permission of this Court. It is made clear that the applicant shall remain present before this Court on the next date fixed failing which coercive action shall be taken against her. We further direct that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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