Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15513 of 2018 Applicant :- Km. Kanchan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, a missing report of Mohd. Miya was submitted before police station concerned on 5.12.2017 and on 6.12.2017 the dead body of Mohd. Miya was found in the field. Subsequently, on 14.12.2017 (after eight days of incident) the statement of Smt. Yasmin was recorded and she stated that due to illicit relation between Kanchan (applicant) and deceased Mohd. Miya (brother of of Yasmin); Mohd. Miya (husband of Yasmin) killed Mohd. Miya (brother of Yasmin) with the help of accused Rehan, Sadab and Kumari Kanchan. Country made-pistol used in the said incident, was recovered from the possession of Mohd. Miya. Charge sheet has been submitted against Mohd. Miya, Kumari Kanchan and Rehan.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to statement of one Smt. Yasmin (wife of accused Mohd. Miya), main role of firing was assigned to co-accused Mohd. Miya. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. If applicant was loved with deceased, why she will killed. There is no direct evidence against the applicant. She is languishing in jail since 15.12.2017 (more than four months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Km. Kanchan involved in Case Crime No. 666 of 2017, under Sections 302, 201, 120-B, 343 IPC, Police Station Sahaswan, District Budaun be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Singh