Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48779 of 2018 Applicant :- Anita Opposite Party :- State Of U.P. Counsel for Applicant :- Shivajee Srivastava,Ram Jatan Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Virendra Kumar Srivastava
Hon'ble Harsh Kumar,J.
Heard Sri Ram Jatan Yadav, learned counsel for the applicant, Sri Virendra Kumar Srivastava, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant is not named in F.I.R. and has been falsely implicated on the basis of false allegations about her illicit relationship with named accused Ashok Diwakar; that as per prosecution case in F.I.R., applicant was having illicit relationship with Ashok and deceased was seen in company of co- accused Ashok Diwakar, who caused murder of Chadrapal and hidden his body; that name of applicant has surfaced in the confessional statement of co-accused Ashok Diwakar on whose pointing skeleton of deceased was recovered; that it is wrong to say that applicant was having illicit relationship with Ashok Diwakar or entered into criminal conspiracy with him for causing death of Chandrapal; that the case of applicant is distinguishable from co-accused Ashok Diwakar; that the applicant has no criminal history; that the applicant undertakes that she will not misuse the liberty of bail; that the applicant is in custody since 24.10.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Anita be released on bail in Case Crime No.425 of 2018, under Sections 302, 201, 120-B IPC, P.S. Etmadpur, District Agra 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 :- 22.1.2019 Tamang