Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7999 of 2019 Applicant :- Kanchan Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated by alleging her to be Principal of S.C. Convent School; that as per averments made in F.I.R. lodged by A.R.T.O., Gyanpur at Bhadohi Maruti Van No.U.P.-66-S-4569 was being plied to carry school children of S.C. Convent School and at the time of carrying 18 children and a lady, above vehicle which was being plied with domestic LPG cylinder, due to carelessness and negligence on part of vehicle driver, met with incident in question in which all children sustained burn injuries and three children succumbed to those injuries; that applicant was neither Principal of S.C. Convent School nor ever engaged above vehicle for carrying school children rather she was simply named as Manager of a Computer Training Institute and never held any post of Principal of any school whatsoever; that role of applicant is distinguishable from Manager of School as well as driver and owner of vehicle; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 19.1.2019.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Kanchan Devi be released on bail in Case Crime No.05 of 2019, under Sections 326, 308, 304, 420 I.P.C. and Section 3/7 of Essential Commodities Act, P.S. Gyanpur, District Bhadohi, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 25.2.2019 Kpy