Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8524 of 2019 Applicant :- Chhutka Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 7.7.2018 against seven accused persons, namely Rambabu, Chhutaka Devi, Rashmi, Mona, Ramji, Shyam Ji and Pintoo alleging that on 5.7.2018 they killed Jai Devi by setting her on fire pouring kerosene oil. Specific role was assigned to Rashmi, Shyamji and Pintoo. First dying declaration was recorded on 6.7.2018 and second dying declaration was recorded on 26.7.2018, she stated that applicant poured kerosene oil and set her ablaze, later on she saved her.
It is submitted by learned counsel for the applicant that the applicant is lady. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Deceased has committed suicide herself. She died after long time. There is no independent witness and no legal evidence against the applicant. There was no intention or knowledge to kill the deceased. She is languishing in jail since 8.8.2018 (more than six and half 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 Chhutka Devi involved in Session Trial No. 364 of 2018 arising out of Case Crime No. 176 of 2018, under Section 302 IPC, Police Station Derapur, District Kanpur Dehat 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 her 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 :- 27.2.2019 A. Singh