Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41175 of 2020 Applicant :- Smt. Geeta Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kishore,Piyush Kishore Srivastava Counsel for Opposite Party :- G.A.,Sudhir Kumar Singh Parmar
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Smt. Geeta Devi with a prayer to enlarge her on bail in Case Crime No. 251 of 2020, under Sections 302, 120B I.P.C., Police Station Jaithra, District Etah.
Learned counsel for the applicant has submitted that the applicant is in jail since 7.6.2020 and as the charge sheet has already been filed there is no question of accused influencing the investigation. Further submission is that the co-accused Shiv Kant @ Soni has been assigned the role of firing and he has been granted bail by coordinate Bench of this Court passed in Criminal Misc. Bail Application No.35103 of 2020 vide order dated 19.11.2020. Copy of bail order has been placed before this Court, which is taken on record. So far as the applicant is concerned, she has been only implicated on account of that she conspires with the commission of the offence. It is further submitted that since the main culprit who fire has been released on bail and the present applicant also deserves to be released on bail. It is further submitted that accused applicant has no criminal history and she is prepared to furnish sureties and bonds and there is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 7.6.2020 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the 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 applicant 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 :- 5.1.2021 Mini