Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49075 of 2020 Applicant :- Smt Geetanjali Opposite Party :- State of U.P.
Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, on 21.01.2020 at 20:01 hours, first informant Rajkumar has lodged the first information report of this case against unknown person alleging that his younger brother Sanjeev Kumar (deceased), who was working in B.S.F. but now he was on leave, has gone to field on 21.01.2020. On the same day at about 5:00 PM, when first informant reached at the field, he found that his brother Sanjeev (deceased) was lying in injured condition and that while he was being taken to hospital, he expired. During investigation, it was revealed that applicant, who is wife of deceased Sanjeev Kumar, was having illicit relations with co-accused Gulab Singh @ Gullu, who is brother of deceased and first informant and that murder of deceased was committed by co-accused Gulab Singh @ Gullu by firing a bullet at deceased after hatching a conspiracy with the applicant.
It has been argued by learned counsel for the applicant that applicant is innocent and she has not committed any offence. The applicant was not named in first information report. It has been submitted that the applicant is wife of deceased and that she has been falsely implicated in this case merely on the basis of suspicion. There is no eye-witness of alleged incident and that there is no cogent evidence that applicant was having any illicit relations with co-accused Gulab Singh @ Gullu. No incriminating article has been recovered from the possession of applicant and that alleged recovery of country made pistol has been shown at the pointing out of co-accused Gulab Singh @ Gullu. It has also been stated that co-accused Gulab Singh @ Gullu has made a statement to the effect that earlier the deceased Sanjeev Kumar was married with one Priyanka and due to torture of deceased, she has committed suicide in the year 2017 and after that deceased has married with applicant but the deceased used to commit sexual torture on applicant and he has committed murder of deceased due to that reason. Learned counsel submitted that even according to the statement of co-accused Gulab @ Gullu, the role of causing firearm injuries to deceased has been attributed to co-accused Gulab Singh @ Gullu and merely presence of applicant was shown at the spot and that involvement of applicant has been shown on the basis of criminal conspiracy but there is no evidence to establish any such conspiracy. It has been further submitted that the applicant is a lady and now she is languishing in jail since 23.01.2020, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant was having illicit relations with co-accused Gulab Singh @ Gullu and murder of deceased was committed in pursuance to conspiracy with the applicant. However, it has not been disputed that as per prosecution version, role of firing at deceased has been attributed to co-accused Gulab Singh @ Gullu and that involvement of applicant was shown on the basis of criminal conspiracy.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt Geetanjali involved in Case Crime No. 20 of 2020, under Sections 302, 120-B/34 IPC, P.S. Parikshitgarh, District Meerut, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021/A. Tripathi