Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20334 of 2019 Applicant :- Girja Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.,Ananat Ram Gupta
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri P.K. Srivastava, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Smt. Girja, Dharmveer and Bhalloo @ Ukhesh alleging that Girja went to live with Dharmveer leaving behind her three children; on 29.10.2018 at 18:15 hour she came alongwith other accused to take away her children; when Rajesh(Mamiya Sasur) and Sanjay(husband of applicant) resisted, Dharamveer opened fire at Rajesh. He died on the way to hospital. According to postmortem report, he received gunshot injury on abdomen and 34 pellets have been recovered.
It is submitted by learned counsel for the applicant that the applicant is a lady and languishing in jail 31.10.2018(about nine months). She has been falsely implicated. Even then specific role of firing was assigned to Dharmveer. Incident happened all of a sudden. Role of applicant is distinguishable from Dharmveer. There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Girja involved in Case Crime No.314 of 2018, under Section 302 IPC, Police Station Nidhauli Kalan, District Etah 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 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 :- 25.7.2019 P.P.