Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35409 of 2019 Applicant :- Gita Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant, learned A.G.A. for State and perused the records.
The present bail application has been filed by the applicant in Case Crime No.114 of 2018, under Section 302 IPC, Police Station Reoti, District Ballia with the prayer to enlarge the applicant on bail.
The allegation in the FIR is that on 01.09.2018 at 6.00 am when the wife of the informant Nirmla Devi went to answer the call of nature, the applicant Geeta Devi hit her with an iron rod as a result of which the wife of the informant Nirmala Devi sustained head injuries and died on the spot. Hearing the cries of his wife the informant alongwith his son reached at the spot and saw Geeta Devi running away with an iron rod.
The submission of the learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in this case due to enmity and there is no independent witness of the incident. Applicant is in Jail since 03.09.2018. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is named in the FIR and specific role has been assigned to her and innocence of the petitioner cannot be adjudged at this stage.
After hearing the learned counsel for the applicant, learned A.G.A., perusing the averments as contained in the present bail application and looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
After this order was passed the learned counsel for the applicant started requesting that the matter may be passed over for today and some date may be fixed in the matter as he would like to try his luck before some other Bench. This is nothing but an outrageous case of Bench hunting, which this Court will not permit.
We, therefore, impose a personal cost of Rs. 1,000/-against the Counsel for the applicant Sri Sunil Kumar Singh.
The amount of Rs. 1,000/- shall be deposited by the said Counsel for the applicant with the Registrar General of the Allahabad High Court within one month from today failing which the Registrar General shall take steps for recovery of the same in accordance with law as arrears of land revenue. The amount so deposited, shall then be transmitted to the account of the Mediation & Conciliation Centre, Allahabad High Court, Allahabad.
Let a copy of this order be placed before the Registrar General for compliance.
Order Date :- 28.11.2019 N Tiwari