Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47614 of 2021 Applicant :- Dulari Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Gyanendra Singh,Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.62 of 2021, under Sections 302, 201, I.P.C., Police Station Jaspura, district Banda.
FIR of this incident was lodged by the complainant about the death of his father deceased Shiv Narain Nishad, who was aged about 45 years on 20.6.2021 and the dead body of the deceased was found on the bank of the river Yamuna. The name of the present accused has surfaced during investigation in the confessional statement of the Jagbhan Singh @ Putuwa.
Learned counsel for the applicant has submitted that the present accused Dulari Nishad is quite innocent and she has been falsely implicated by the police just to show that they have solved the case. Learned counsel for the applicant has further submitted that the name of the applicant has surfaced during investigation in the confessional statement of Jaghbhan Singh @ Putuwa. Learned counsel for the applicant has further submitted that there is no cogent evidence against the present accused as nobody has seen going of present accused along with co-accused to the bank of river Yamuna and nobody has seen the accused coming from the place of the occurrence after committing incident. Learned counsel for the applicant has further submitted that nothing incriminating article has been recovered from the possession or pointing out of the present accused and she is the wife of the deceased and there is no motive for the present applicant to kill her own husband. Learned counsel for the applicant has further submitted that no family member has deposed against the present accused and she has to support her younger children. He submitted that the applicant is languishing in jail since 24.06.2021, hence she is entitled to be released on bail and she will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dulari Nishad involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 AU