Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2550 of 2019 Applicant :- Bhagwani Devi @ Bhawani Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 18.01.2019.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Bhagwani Devi, Poonam, Sunita and Sister-in-law alleging that Shanti was married with Jogendra before seven years and on 16.8.2018 they killed Shanti by pouring kerosene oil.
Learned counsel for the applicant submitted that the applicant is about 83 years of age, mother-in-law of the deceased. Dying declaration of the deceased was recorded on 17.8.2018 in which she had stated against Poonam, Sunita and Bhagwani Devi, mother-in-law of the deceased. Later on, statement under Section 161 Cr.P.C. was recorded in which she had stated nothing against the applicant and Poonam and Sunita had done this act on 21.8.2018. The applicant has no concern with the incident. The applicant is languishing in jail since 17.9.2018 (more than four months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no eye witness account; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. This order will not be applicable to other co-accused.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Bhagwani Devi @ Bhawani Devi involved in Case Crime No. 257 of 2018, under Section 302 IPC, Police Station-Munderwa, District-Basti 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 :- 21.1.2019 OP