Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8502 of 2021 Applicant :- Bhawna Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhat Kumar Tiwari,Gopal Das Srivastava Counsel for Opposite Party :- G.A.,Padmaker Pandey
Hon'ble Ajit Singh,J.
Heard Sri Prashant Kumar, Advocate holding brief of Sri Prabhat Kumar Tiwari, learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 06 of 2020, under Section 302 I.P.C., P.S. Shahganj, district-Agra, is seeking enlargement on bail during the trial.
As per F.I.R. which has been lodged by one Sushil Kumar Verma, on 5.01.2020, the informant's brother, Virendra Kumar had gone from his house after telling his wife, Bhawna and had taken along with him Rs. 7000/-. Bhawna had told informant that prior to leaving the house, Virendra had received a phone-call, thereafter body of the deceased was found in injured condition and was taken to hospital where, he had died. In post-mortem report, three abrasions and one contusion are found on non- vital part of the deceased and cause of death is recorded as a result of hemorrhage and shock due to ante-mortem injury.
Learned counsel for the applicant submits that the applicant, who happens to be wife of the deceased Virendra Kumar, was not named in the first information report. Her name as an accused in the present case surfaced for the first time in the statement of her own son, which was recorded after two months and nine days of the incident, which is wholly untrustworthy. Further submission is that this is a case of circumstantial evidence and no strong evidence has come on record. He also submits that co-accused Kapil has already been enlarged on bail by another Bench of this Court vide order dated 2.12.2020 passed in Criminal Misc. Bail Application no. 37782 of 2020. He has lastly submitted that the applicant, who is in jail since 8.1.2020 and has no criminal antecedents to her credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bhawna be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 30.7.2021 Faridul