Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34019 of 2019 Applicant :- Smt.Bijendri Opposite Party :- State Of U.P.
Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown alleging that on 13.8.2018 some unknown persons kille Ajay by shot fire. He received three gunshot injuries. During investigation, names of Sonu, Ravindar, Monendra, Bijendri, Vikrant and two nephew of Bijendri were surfaced and it was found that due to some property dispute accused Ravindra and Sonu shot fire at Ajay.
It is submitted by learned counsel for the applicant that co- accused namely Monendra has been granted bail by co- ordinate Bench of this Court vide order dated 24.7.2019 in Criminal Misc. Bail Application No. 273 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 is general allegation against the applicant. Applicant was not named in the F.I.R. during investigation, the name of applicant was surfaced after thought and due legal consultation. Main role of firing was assigned to co-accused Ravindra and Sonu. The case of applicant is distinguishable form co-accused Ravindra and Sonu. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 20.11.2019 (more than nine months) having no criminal history and in case he is released on bail, he 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 and the case of present applicant is identical to co- accused Monendra who has been enlarged on bail.
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. Bijendri involved in Case Crime No.
208 of 2018, under Sections 302, 34 IPC, Police Station Chandinagar, District Baghpat 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 :- 22.8.2019 A. Singh