Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41940 of 2020 Applicant :- Smt. Anu @ Smt. Annu Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.,Rakesh Kumar Verma
Hon'ble Om Prakash-VII,J.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant, Sri Harishchandra Gupta holding brief of Sri Rakesh Kumar Verma, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. She was implicated in this matter on the basis of confessional statement of co-accused. No specific role has been assigned against the applicant. She is wife of the deceased. At this juncture, learned counsel for the applicant referring to the extra judicial confession made by co-accused, further argued that it is a no evidence case against the applicant. She is in jail since 29.8.2020 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail applications are allowed.
Let the applicant Smt. Anu @ Smt. Annu involved in Case Crime No. 301 of 2020, under Sections 109, 302,201 IPC P.S. Mudhapandey District - Moradabad 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 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 29.7.2021 Gss