Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1174 of 2019 Applicant :- Aarti @ Manisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that on 6.9.2017 in the house of complainant that some persons looted the house, assaulted Smt. Umi Dhawan and opened fire at Bhanu Kishore Sharma. Bhanu Kishore Sharma received one gunshot injury and died. Two persons Sonu Chauhan and Vikki were arrested on spot. Sonu Chauhan opened fire at Bhanu Kishore Sharma and one 315 Bore pistol was recovered from him. During investigation, name of Aarti @ Manisha who was maid in the house, was also surfaced. Later on, applicant Sandeep and Aarti were arrested by the police and one 'deepak' and one bowl(both made of white metal) were recovered from the applicant and two boxes containing some silver ornaments from Aarti. Sandeep confessed before police personnel that he was also indulged in the crime.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 7.9.2017 (more than one year and five months) having no criminal history. He is not named in the FIR. He has been falsely implicated. No identification proceeding was done for the person and property allegedly recovered. False recovery was shown by the police to show their good work. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Accused was not named in the F.I.R.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Aarti @ Manisha involved in Case Crime No. 971 of 2017, under Section 302, 308, 394, 411, 452, 323, 120-B IPC, Police Station Sector-39, District Gautam Buddh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 he is accused, or suspected, of the commission of which he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2019 OP