Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43849 of 2021 Applicant :- Smt. Bati alias Ramwati Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has been falsely implicated in this case. It was stated that FIR was lodged against 15 named persons including applicant and 100-125 unknown persons alleging that when the voting was going on for the panchayat election, they have started pelting bricks and stones at police and resultantly, first informant and some other persons have sustained injuries. It was stated that general and omnibus allegations have been levelled against all the accused persons and no specific role has been assigned to applicant. No incriminating article has been recovered from applicant. Injured persons namely, Shiv Prasad and Kumari Radha have sustained simple injuries. Criminal history of applicant has duly been explained in affidavit. It was also submitted that similarly placed co-accused Rahul Kushwaha, Anil and Brij Mohan have already been enlarged on bail by coordinate Bench of this Court, copies of which has been annexed as Annexure-8 of the affidavit. It has been submitted that applicant is a lady and she is languishing in jail since 14.09.2021 and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Rahul Kushwaha, Anil and Brij Mohan have already been enlarged on bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 application is allowed.
Let the applicant Smt. Bati alias Ramwati involved in Case Crime No.60 of 2021, under Sections 147, 148, 149, 307, 332, 336, 353, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act at Police Station Samthar, District Jhansi, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj