Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42483 of 2020 Applicant :- Anita Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, Shri Arvind Kumar Upadhyay, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Anita in Case Crime No. 147 of 2020, under Sections 147, 148, 149, 302, 120B I.P.C., P.S.- Kaptanganj, District - Azamgarh.
Learned counsel for the applicant has submitted that applicant is the girl with whom deceased was allegedly having affairs. Further submission is that two ladies of the same family who were assigned similar role namely Sita Devi and Rita have already been granted bail by the coordinate Bench of this Court vide orders dated 18.12.2020 and 02.12.2020 in Criminal Misc. Bail Application No. 41968 of 2020 and Criminal Misc. Bail Application No. 42796 of 2020, therefore, it has been submitted that on the basis of parity also applicant deserves to be released on bail. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 10.09.2020 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail. The crux is that the applicant was the lady with whom the deceased was allegedly having affairs and this become the whole reason of the incident.
Having heard the submission of learned counsel of both sides, considering the fact that accused applicant is lady and two named ladies have already been released on bail and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Anita be released on bail in Case Crime No. 147 of 2020, under Sections 147, 148, 149, 302, 120B I.P.C., P.S.-
Kaptanganj, District - Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 Bhanu