Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8839 of 2019 Applicant :- Smt. Harkali Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 26.10.2018 after thirteen days of the incident against five accused persons, Lakhan, Smt. Teena, Preetam, Smt. Harkali and Khadag Singh alleging that on 13.10.2018 they killed Dinesh Kumar because they were taken money from the deceased and intention was not to return money. Three head incised wounds were found on the body of the deceased. The dead body was recovered at the pointing out of co-accused Lakhan.
Learned counsel for the applicant submitted that applicant the applicant is a lady and she is languishing in jail since 2.1.2019 (about two months) having no criminal history. General allegation is made against the applicant. There is no legal evidence against the applicant. She has been named on the basis of suspicion only after thought and with due legal consultation.
F.I.R. was lodged after thirteen days of the incident which has not been properly explained. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness account 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.
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 Smt. Harkali involved Case Crime No. 534 of 2018, under Section 302, 364, 201, 34 IPC, Police Station- Dhampur, District-Bijnor 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 :- 28.2.2019 OP