The court may grant bail to an elderly accused based on considerations such as age and the lack of progress in the trial, without expressing any opinion on the merits of the case.

Bala Krishna Narayana, J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

2. By means of this application, the applicant who is involved in Case Crime No. 328 of 2013, under Sections 498A, 304B, 302 I.P.C. and section 3/4 D.P. Act, P.S. Saidabad, district-Hathras, is seeking enlargement on bail during the trial.

3. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 4.8.2014 passed in Criminal Misc. Bail Application no. 24317 of 2014 with liberty to the applicant to move a fresh application after framing of charge.

4. Learned counsel for the applicant submitted that the applicant is the mother-in-law (sas) of the deceased aged about sixty two years and she is in jail since 1.7.2013. The new ground which he has canvased before this court for releasing the applicant on bail is that although the charges were framed on 24.5.2014 but till date neither the trial has made any progress nor any of the prosecution witnesses have been examined. There is no likelihood of the conclusion of the applicant's trial in near future and for no fault of her she is languishing in jail for the last more than two years and hence, she is entitled to be enlarged on bail during pendency of her trial.

5. The prayer for bail has vehemently been opposed by learned A.G.A.

6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is a lady aged about sixty two years, is entitled to be enlarged on bail during the pendency of the trial.

7. Let the applicant, Smt. Angoori Devi be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 328 of 2013, under Sections 498A, 304B, 302 I.P.C. and section 3/4 D.P. Act, P.S. Saidabad, district-Hathras subject to the following conditions: -

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.