Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25026 of 2018 Applicant :- Gyanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.,Neeraj Srivastava,Subhash Chandra Yadava
Hon'ble Suneet Kumar,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Hari Bans Singh, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per prosecution case, four named persons including the applicant are said to have caused assault upon the deceased and others by lathi, danda and kulhadi; as per postmortem examination report, cause of death is head injury due to antemortem stitched wound on left temporal parietal area and lacerated wound on the parietal region; deceased in his statement has assigned the role of causing fatal injury with kulhadi to co-accused Rajkumar Yadav alias Bharat Yadav; applicant and other co-accused Sanjay Yadav and Rakesh Yadav have been assigned the role of causing injury by lathi and danda. It is urged by learned counsel for the applicant that postmortem examination report does not support the prosecution version; applicant is a lady. It is lastly submitted that the applicant has no other reported criminal antecedent and she is languishing in jail since 15.05.2018, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Gyanti Devi, involved in Case Crime No. 49 of 2018, under section 304, 308, 452, 325, 504, 506 I.P.C., Police Station Bhanwarkol, District Ghazipur, be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
Order Date :- 28.8.2018 K.K. Maurya