Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12854 of 2021 Applicant :- Smt. Chandrawati Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 110 of 2020 under Sections 147, 302/34 IPC, police station Vaidpura, District Etawah with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and she has been falsely implicated in this case. It was submitted that the marriage of deceased with brother of applicant has taken place about 20 years prior to the incident and that applicant is 'nanad' of deceased and that she is a widow and she has nothing to do with alleged dispute regarding partition of ancestral property. There is no eye witness of alleged incident. It has further been submitted that all the seven family members have been named in FIR and only general role has been assigned to all accused persons including applicant. As per prosecution version, the father-in-law of deceased wanted to give some more property to his elder son but the applicant has no role in the entire scenario. It has further been submitted that co-accused Raghuraj and Smt. Sumitra, who are Jeth and Jethani of deceased, have already been granted bail by co-ordinate Bench of this Court vide orders dated 18.03.2021 and 16.03.2021 passed in Criminal Misc. Bail Application Nos. 14354 of 2021 and 5447 of 2021 respectively. It has further been argued that the applicant is a widow and she is in judicial custody since 04.10.2020, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in FIR.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Chandrawati involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.12.2021/Deepak