Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18698 of 2021 Applicant :- Kanchan Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Subedar Mishra
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. Offences levelled in the matter are not attracted. If entire prosecution case is taken into consideration then also it was a case of sudden and grave provocation, as incident took place all of sudden. Applicant was not armed with any deadly weapon. F.I.R. itself shows that injury was caused by throwing bricks/ stones. This fact itself shows that there was no intention to kill the deceased. Referring to the ingredients of offence under Sections 302 and 304 IPC and comparing the same with the facts and evidence of the present matter it next contended that at most present matter will come under Section 304 IPC. Nothing has been recovered from the possession of the applicant. Applicant is an women having no criminal history. She is languishing in jail since 20.11.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that main role for causing injury to the deceased is assigned to the applicant. Deceased died due to injuries caused by the applicant during treatment. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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 the applicant Kanchan Sharma involved in Case Crime No. 313 of 2020, under Sections 302, 452, 504, 506, 34 IPC, P.S. Hathras Junction, District - Hathras be released on bail on furnishing a personal bond and two heavy 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 her 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 safi