Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15655 of 2018 Applicant :- Smt Komal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey,Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh, learned brief holder for the State and perused the record.
Learned counsel for the applicant and learned A.G.A. admitted that no bail application of any co-accused is pending before this Court.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 9.2.2018 some unknown person killed Vinod Kumar Sharma, he received several injuries. During investigation, names of Komal and her husband Ravindra @ Monu were surfaced it was found that there was illicit relation between deceased Vinod and applicant Komal due to which her husband Ravindra killed deceased. Blood stained spade (fawda) used in the crime was recovered from the possession of co-accused Ravindra @ Monu and cloths of deceased without blood stained were recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that applicant is lady. The applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. Charge has not been framed by trial court. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion only. Main role of assault was assigned to co- accused Ravindra @ Monu and blood stained spade (fawda) used in the crime was recovered from the possession of co- accused Ravindra @ Monu. The case of applicant is distinguishable from co-accused Ravindra @ Monu. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 13.2.2018 (near about one and half years) 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 applicant Smt. Komal involved in Case Crime No. 184 of 2018, under Sections 302, 201 IPC, Police Station Baraut, District Baghpat 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 :- 31.7.2019 A. Singh