Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41893 of 2018 Applicant :- Smt. Kela Devi @ Meenu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated; that it is wrong to say that the applicant poured kerosene on the deceased, her Nanad and put her on fire; that trial is in progress and P.Ws.1, 2 & 3, the mother and brothers of the deceased have not supported the prosecution case and have turned hostile; that co-accused Smt. Shital Devi, who was assigned with similar role, has been granted bail by another Bench of this Court vide order dated 27.8.2018 passed in Criminal Misc. Bail Application No.37588 of 2018, copy filed at Annexure-8; that the case of applicant is identical to that of Smt. Shital Devi; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 28.11.2015.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Kela Devi @ Meenu be released on bail in Sessions Trial No.179 of 2016, Case Crime No.205 of 2015, under Section 302 I.P.C., P.S. Kotwali, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the 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 the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.11.2018 Kpy