Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44261 of 2018 Applicant :- Kamla @ Kamli Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against ten persons namely Sita Ram,Manta, Pankaj, Indesh, Dhanni, Sukvinder, Manisha, Kamla, Ruby and Surendra, and 4-5 unknown persons alleging that on 11.9.2018 they assaulted Raju with sticks(lathi-dandas), bricks and stones. He received five injuries and died on spot. In postmortem report, cause of death was found due to asphyxia.
It is submitted by learned counsel for the applicant that the applicant is a lady and is languishing in jail since 12.9.2018(more than five months) having no criminal history. She has been falsely implicated. General role is said to have been assigned to all the accused. There is no independent witness. It is not clear as to who was author of causing injury to death. Co-accused Manta Prasad and Sukvindar @ Sukhvindar have already been granted bail by this Court vide orders dated 4.12.2018 & 10.1.2019 passed in Criminal Misc. Bail Application Nos.45280 of 2018 & 1528 of 2019 (Bail orders produced are taken on record), applicant's case is identical to them and she is also entitled to bail on the ground of parity. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and her case is identical to aforesaid co- accused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Kamla @ Kamli Devi involved in Case Crime No.267 of 2018, under Section 147, 302/34 IPC, Police Station Kotwali, District Azamgarh 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 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 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 :- 27.2.2019 P.P.