Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20465 of 2019 Applicant :- Kinnu Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. The FI.R. was lodged against Anoop Shukla, Dileep @ Bholu, Santosh @ Buchchu and Govinda. In the first information report it has been mentioned that the named accused took away the son of informant namely Santosh with them from his house. Thereafter they committed murder of the deceased. The name of applicant came into light in the confessional statement of co accused Anoop Shukla. In the confessional statement of co accused Anoop Shukla it has come that gun shot injury was caused to the deceased by Anoop Shukla and co accused Santosh @ Buchchu also fired upon the deceased. The applicant committed marpit with the deceased with brick on his chest. In the post mortem report 3 injuries were found on the body of the deceased. The injury no. 3 is contused swelling on the upper part of the chest. The cause of death of the deceased has been shown haemorrhage shock due to ante mortem fire arm injuries. The applicant had not caused any fire arm injury to the deceased. The applicant is an old lady aged about 63 years. She has been falsely implicated in this case due to being mother of co accused Santosh @ Buchchu who is named in the first information report. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. There is no direct evidence against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 5.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Kinnu Devi involved in Case Crime No. 409 of 2018 ( S.T. No. 83 of 2019), under Section 147, 302, 201, 34 IPC Police Station Gola District Gorakhpur be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.5.2019 Gss