Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25035 of 2018 Applicant :- Fula Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jyoti Giri,Kunwar Ajay Singh,Rang Raj Giri Counsel for Opposite Party :- G.A.,Ashok Kumar Singh
Hon'ble Aniruddha Singh,J.
Heard Ms. Jyoti Giri, learned counsel for the applicant, Sri Ashok Kumar Singh, learned counsel for the complainant and learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three named accused persons, namely Lal Chandra Nishad, Sunil Nishad, Fula Devi and four unknown persons alleging that on 10.5.2018 they assaulted Sunil and Ram Chandra Yadav. Sunil had received seven injuries, including head injury. Due to head injury, he resultantly died.
Learned counsel for the applicant submitted that the applicant is a lady and is languishing in jail sine 12.5.2018 (more than six months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case. Initially the case was registered under Section 308 I.P.C. After death, the case was converted under Section 304 I.P.C.; there is no independent witness 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 the applicant Fula Devi involved in Case Crime No. 99 of 2018, under Section 147, 148, 323, 504, 506, 304 IPC, Police Station-Koirauna, District-Bhadohi 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 26.11.2018 OP