Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48415 of 2018 Applicant :- Dipika Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that as per prosecution case on 16.09.2018 at about 10:30 p.m. a dead body of an unknown person was recovered on Babrala Rajpur Road near STV culvert, and upon information of Banty Yadav, inquest report was prepared in presence of Praveen Yadav, Prempal Yadav, Neeraj Sharma and Banty Yadav; that postmortem of dead body of deceased was conducted on 17.09.2018, and the same day, panch witness Praveen Yadav moved an application stating that deceased was his friend and his name is Anoop Sharma, son of Jagdish Chandra Sharma; that panch witness Neeraj Sharma is brother of applicant; that as per autopsy report, deceased sustained multiple injuries and his death was opined as a result of asphyxia due to ante-mortem strangulation and injuries; that on 18.09.2018 applicant lodged FIR for murder of her husband against unknown persons, and on the very next day, upon information of informer, her complicity was suspected; that on 20.09.2018 statement of above panch witness Praveen yadav was recorded followed by statements of Smt. Vijay Sharma, mother-in-law of applicant and another panch witness Prempal on and after 07.10.2018 who stated that applicant had made love marriage with deceased in the year 2012, was teaching in Ramveer Singh Memorial Degree College and had extra- marital affair with Sharad, the Manager of School, and since deceased opposed her such relationship with Sharad, she hatched a criminal conspiracy with Sharad and his associates Jitendra, Gaban, Ankit and Sanjay etc. for eliminating her husband Anoop Sharma on 16.09.2018 which was overheard by Prempal; that above statements are mere afterthought improvements in prosecution case; that it is absolutely wrong to say that applicant was having any extra-marital affair with Sharad or hatched any conspiracy with him for eliminating her husband; that applicant is not alleged to have strangulated deceased or caused any injury to him; that case of applicant is distinguishable from co-accused persons who caused him fatal injuries; that applicant has no criminal history; that applicant undertakes that she will not misuse the liberty of bail; that applicant is in custody since 08.10.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Dipika be released on bail in Case Crime No. 619 of 2018 under Sections 302, 120-B I.P.C., P.S. Gunnaur District Sambhal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2019 M. ARIF