Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17947 of 2018 Applicant :- Smt. Geeta Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Chandra Bhushan Verma Counsel for Opposite Party :- G.A.,Deepak Kumar Srivastava
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Darbari Lal, Smt. Geeta Devi (wife of Darbari Lal), Vinit and Indrajeet alleging that on 3.12.2017 they assaulted Harish Kumar and Ram Kishor with firearm, axe and sharp-edged weapon (banka), Harish Kumar received three injuries, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is lady. The applicant is innocent and has been falsely implicated in the present case. Main role of causing injuries was assigned to co-accused Darbari Lal due to which he died. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and eye witness account against the applicant. She is languishing in jail since 3.12.2017 (more than five and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as 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 applicant Smt. Geeta Devi involved in Case Crime No. 1181 of 2017, under Sections 302, 307, 324, 323, 504, 452 IPC, Police Station Puranpur, District Pilibhit 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 28.5.2018 A. Singh