Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10990 of 2021 Applicant :- Gayatri Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Lal Mishra,Vinay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Lal Mishra, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 86 of 2020 under Sections 302, 201 and 404 I.P.C., P.S. Rijor, District Etah.
As per F.I.R. which has been lodged by one Ramesh who is chaukidar and found one dead-body in naked condition which was identified as that of the son of Sone Lal who subsequently moved an application on 14.05.2018 addressed to S.H.O. stating therein that on 13.05.2018 at the insistence of his daughter-in-law (accused applicant), the deceased had gone with the applicant at about 10:00 a.m. on motorcycle in order to get medicine for the accused applicant and did not return home till late in the evening; on 14.05.2018 at about 4:00 p.m., brother-in-law of his son gave information about dead-body of his son which was identified by him, therefore, he has mentioned that he has full belief that his son, Sanjeev @ Balak Ram has been killed by applicant in collusion with co-accused, Rajesh Shakya and Ranjeet @ Ramu. In post-mortem report, about 5 injuries are found to have been sustained by the deceased. Cause of death of the deceased is recorded as shock and hemorrhage as a result of ante-mortem injuries.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; there is no concrete evidence against the accused applicant except motive which has been assigned to the applicant and besides that it is alleged that she had illicit relationship with the co-accused, Ramu @ Ranjeet and because of that relationship, she has got her husband eliminated. Only confessional statement of accused applicant is on record. No incriminating article has been recovered from the possession of the applicant or from her pointing out. Co-accused, Ramu @ Ranjeet has been granted bail by coordinate Bench of this Court vide order dated 3.11.2020 in Crl. Misc. Bail Application No. 287 of 2019 from whom recovery is also made. She is in jail since 18.05.2018; she has no criminal history. She was living with her father-in-law at the time when this occurrence happened; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and has drawn attention of the Court towards statement of brother of the applicant, Titu who has stated that applicant had been married one and half years ago with the deceased and prior to this marriage, she was having relationship with Ramu @ Ranjeet in the said locality for which she had been snubbed on various occasions.
Looking to the fact that there is no recovery of any incriminating article made from the pointing out of the applicant or from her possession, she has been implicated only on the ground of motive and co-accused who is alleged to have killed the deceased is allowed bail by Coordinate Bench of this Court, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Gayatri Devi involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021 A. Mandhani