Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7945 of 2019 Applicant :- Geeta Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Reema Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Suresh, Ram Nath and Jagveer alleging that on 15.12.2014 at 10:30 p.m. night Suraj Singh, father-in-law of the complainant was killed by shot fire. During investigation, it was found that all the accused persons named in this F.I.R. were exonerated and it was also found that the husband of the applicant, namely Sundar Lal was an accused in a case of murder of Vakeel Vedpal. Hence applicant with the help of his brother Suresh had killed the father-in-law of the complainant to save her husband.
Learned counsel for the applicant submitted that the applicant is a lady and is languishing in jail since 31.1.2019 (less than one month) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. To save the main accused the Police has made a case after three and half years of the incident stating that Suresh brother of the applicant had killed father-in-law of the complainant to save the husband of Geeta and that story was developed by the Police. There was no recovery on the pointing out of the applicant. There is no legal evidence against the applicant except the Police version. In one way she had lost father-in-law and on other way she is languishing in jail.There is no eye witness account against the applicant. There is no independent witness against the applicant and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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 and also admitted that the case of the present applicant is identical to the case of co-accused Sonu, who has been enlarged on bail 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 the applicant Geeta involved in Case Crime No. 422 of 2014, under Section 302 and 120-B IPC, Police Station- Naugawan Sadat, District- Amroha 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 25.2.2019 OP