Heard Sri A. K. Singh Bais, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that FIR was lodged against unknown persons on the recovery of the dead body of the deceased. Name of the applicant surfaced in this matter on the basis of application given by the husband of the deceased to the police concerned (annexure no. 4). In fact none has seen the incident. Recovery is false and planted and is not supported with independent evidence. Referring to the Annexure No. 8 it was also argued that recovered article is missing. At this juncture, learned counsel appearing for the applicant referred to the entire evidence and further argued that prosecution case is solely based on the suspicion. Recovery said to have been made in the matter can also not be connected with the applicant. She is in jail since 17.10.2020 having no criminal history. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Asha alias Ayasha involved in Case Crime No. 320 of 2020, under Sections 302, 201 I.P.C., P.S. Rampur Maniharan, District Saharanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.8.2021 Sachdeva