Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23373 of 2019 Applicant :- Geeta Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Shukla,Dushyant Singh,M.C. Singh,Saurabh Tripathi Counsel for Opposite Party :- G.A.,Santosh Mani Shukla
Hon'ble Vipin Sinha,J.
List has been revised. The counsel for the complainant is not present. Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant and learned AGA appearing for the State and perused the record.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.74 of 2015, under Section 302/34, IPC, Police Station Barhan, District Agra.
I have perused the FIR as well as the order by means of which the bail application moved on behalf of the applicant has been rejected.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that the applicant is Devrani of the victim; that even though the applicant was named in the FIR, but in the dying declaration of the deceased specific allegation has been made against the husband of the deceased; that as far the applicant is concerned it has been mentioned that she was also present at the spot (out side the door); that after investigation the police has not filed the charge sheet against the present applicant, whereas on the other hand the charge sheet was filed only against the husband of the deceased; that subsequently an application under Section 319 Cr.P.C. was moved before the court concerned, in the which the applicant has been summoned; that the Court has also been informed that against the order passed on Section 319 Cr.P.C. application, a revision was filed before this Court, however, the said revision was dismissed; that a perusal of the order passed in the said revision, shows that the revision was dismissed on the ground that as per the dying declaration, the applicant/Geeta Devi was have a motive to commit the said crime, as she was in an illicit relation ship with the husband of the deceased, but the facts remains that after due investigation the police authorities had not filed the charge-sheet against the present applicant and she has been summoned only in pursuance of an order passed in application under Section 319 Cr.P.C.; that no purpose will be served in keeping the applicant in jail any fuhrer; that the further contention is that applicant has also have a young child aged about 18 months, who is at present living with the husband of the present applicant. The further contention is that the applicant is in jail since 10.05.2019 with no prevision criminal history.
Learned AGA appearing for the State has opposed the bail application, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Geeta Devi involved in the aforesaid case crime number be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 VKG