Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10207 of 2021 Applicant :- Smt. Jyoti Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Amrit Shanker Dubey
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 184 of 2017, under Sections 302, 307, 323, 504, 506 and 34 IPC, P.S. Khairgarh, District Firozabad, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and she has been falsely implicated in this case. Learned counsel has referred the statement of injured and other witnesses and submitted that their statements are not reliable and that they have falsely named the applicant as an assailant. It was submitted that applicant has no motive at all to cause death of deceased persons or to cause injury to injured and that prosecution version that applicant and her husband have caused death of two persons and injured person, is not reliable. It has been further submitted that the applicant is a lady and now she is languishing in jail since 20.12.2017 and that in case the applicant is released on bail, she will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report and that injured witness as well as other eye-witnesses have stated that applicant and her husband have attacked the deceased persons and injured with iron rods. It was submitted that specific role of causing injuries to deceased persons with rod has been assigned to applicant. It has been further submitted that in the alleged incident, two persons have suffered death and another has sustained injuries and that ten prosecution witnesses have already been examined from the side of prosecution and only the statement of concerned doctor is yet to be recorded.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence, stage of trial and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Smt. Jyoti is hereby rejected.
However, keeping in view period of incarceration of applicant and also considering the fact that most of the prosecution witnesses have already been examined, trial court is directed to expedite the trial and to decide the same preferably within a period of six months from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 23.9.2021 A. Tripathi