Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34406 of 2019 Applicant :- Smt. Bhagwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 29.8.2018 against five accused persons, namely Smt. Bhagawati, Amar Singh, Ramchandra, Usha Devi and Brejesh alleging that on 28.8.2018 they killed Krishna Pal by administering poison mixing in wine.
It is submitted by learned counsel for the applicant that the applicant is innocent lady and has been falsely implicated in the present case. Co-accused namely Smt. Usha Devi has already been granted bail by this Court vide order dated 30.7.2019 in Criminal Misc. Bail Application No. 30633 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There are general allegations against all accused persons. No fatal injury was found on the body of deceased. F.I.R. was lodged after one day of incident without explaining delay after thought and due legal consultation. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. There is no eye witness account. Offences levelled against the applicant are not attracted in the present case. Deceased committed suicide himself by administering poison. She is languishing in jail since 16.2.2019 (more than six months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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 applicant Smt. Bhagwati involved in Session Trial No.162 of 2019 arising out of Case Crime No. 386 of 2018, under Sections 147, 302 IPC, Police Station Hafizaganj, District Bareilly 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 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 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 :- 26.8.2019 A. Singh