Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34250 of 2019 Applicant :- Kailasho Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Surajmal and Kailasho alleging that on 30.4.2019 (time unknown) they killed Sukkhi, daughter of the complainant, due to illicit relation between Surajmal and applicant. During investigation, Tongs (Chimta) used in the crime was recovered at the pointing out of Surajmal and he confessed the guilt and admitted that he killed the deceased. According to postmortem report, cause of death was found asphyxia due to hanging. Hyoid bone was found fractured.
Learned counsel for the applicant submitted that applicant is a lady and languishing in jail since 24.5.2019 (about three months) having no criminal history. She has been falsely implicated on the basis of suspicion only. There is no legal and cogent evidence against the applicant. There is no recovery at the pointing out of the applicant. Even though the main role of assault has been assigned to co-accused Surajmal and Tongs (Chimta) used in the crime was recovered at the pointing out of Surajmal and he also confessed the guilt. The case of the applicant is distinguishable from the case of co-accused Surajmal. 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 Kailasho involved in Case Crime No. 134 of 2019, under Section 302, 109 IPC, Police Station-Mandawar, 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 :- 22.8.2019 OP