Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34207 of 2021 Applicant :- Smt.Kamla Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and she has not committed any offence. The first information report was lodged against eight accused persons including the applicant and that only general and omnibus allegations were made against all the accused persons that they have assaulted the deceased and his son with legs and fists and also pressed the neck of deceased. It was pointed out that in postmortem report of deceased Mazid Ali, no external injury was shown on the body of deceased and that cause of death was shown cardiac shock due to myocardial infarction. It was submitted that no specific role has been attributed to applicant and that no recovery of any incriminating article has been made from the applicant. It has been further submitted that similarly placed co-accused Sanjay Kumar, Pankaj Kumar Nishad and Kallu have already been granted bail by co-ordinate Bench of this Court vide order dated 29.09.2021, 04.10.2021 and 08.10.2021, passed in Criminal Misc. Bail Application No. 32422 of 2021, 33498 of 2021 and 32535 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 28.06.2021, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it could not be disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Smt.Kamla Devi involved in Case Crime No. 352 of 2021, under Sections 147, 323, 304, 34 IPC, P.S. Meja, District Allahabad, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi