Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15917 of 2021 Applicant :- Smt. Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 502/2020, under Sections 147, 148, 149, 302, 504 IPC, police station Soron, District Kasganj with the prayer to enlarge the applicant on bail.
According to prosecution version on 18.10.2020 at 6.00 AM while the first informant and her husband Hakim Singh were going from police station Soro to Prahladpur, in the way, applicant and co-accused persons, namely, Rajveer, Prempal, Netrapal and Bantu have waylaid the first informant and her husband and started abusing them and when they objected, all the accused persons assaulted them and that they caused gunshot injury to the husband of informant. It was alleged that deceased has sustained firearm injury at his shoulder, left leg and right hand. Initially the case was registered under Sections 147, 148, 149, 307, 504 IPC, but later on during treatment deceased expired on 26.10.2020 and that the case was converted into under Section 302 IPC.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and she has been falsely implicated in this case due to enmity. It was submitted that after alleged incident, as per prosecution version, deceased was taken to J.N. Medical College, AMU, Aligarh and he was admitted on the same day, but the first informant and her family members have got him discharged from that hospital on 24.10.2020 against the advise of concerned doctors and in this regard learned counsel has referred discharge slip of concerned hospital, copy of which has been annexed as annexure no. 2 to the bail application. Learned counsel has referred the undertaking which was given by brother of deceased to the concerned hospital on 25.10.2020, wherein it has been mentioned that they are getting the deceased discharged at their own risk and if any mishappening occurred to the deceased, they would be responsible for the same, copy of which has been annexed as annexure no. 3 to the bail application. After that deceased has succumbed to injuries on 26.10.2020. Learned counsel has also referred postmortem report and submitted that deceased has sustained three injuries, but only injury no. 1 was found fatal and that five accused persons including applicant have been named and only general allegations of firing have been levelled against all the accused persons. It was submitted that applicant is a lady and she is wife of co-accused Rajveer and that she has been falsely implicated in this case. It was further submitted that alleged incident has been shown of 6.00 AM, but except the informant there is no other eye witness and that the informant is the interested witness. After alleged incident, deceased was in conscious position and he lived for six days but during that period no statement of deceased was recorded. It has further been submitted that on 21.04.2019 the husband of first informant has committed rape upon the applicant and in that connection, she has filed an application under Section 156(3) Cr.P.C., which was pending before the court concerned and that applicant has been falsely implicated in this case due to that reason. It has further been argued that the applicant is a lady and she is in judicial custody since 31.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Kamlesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.7.2021 Anand