Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8807 of 2019 Applicant :- Dhanwati Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against 32 named persons, including the applicant and 100 to 150 unknown persons alleging that on 29.12.2018, they started demonstration at Gazipur near bridge of Chakasrasan Shiv Mandir and assaulted at Police personnel in which Constable Surendra Pratap Singh had received three injuries and died.
Learned counsel for the applicant submitted that applicant is not named in the F.I.R. She is lady. The name of the applicant was surfaced later on after thought and with due legal consultation. There is general allegations against all accused persons. No specific role has been assigned to the applicant. The applicant is languishing in jail since 31.12.2018 (two months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness against the applicant 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 the applicant has no criminal history and also admitted that the applicant is lady.
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 the applicant Dhanwati involved in Case Crime No. 183 of 2018, under Section 143, 147, 148, 323, 341, 336, 427, 504, 506, 302, 332 IPC and 3/4 of Prevention of Damage of Public Property Act and Section 7 of Criminal Law (Amendment) Act, Police Station-Nonhara, District-Ghazipur 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 them 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 :- 28.2.2019 OP