Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55948 of 2019 Applicant :- Smt. Kusum Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Harish Chandra Mishra and Sri K.S. Pandey, learned counsel separately filed Vakalatnamas on behalf of complainant, are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is wife of the deceased. She has falsely been implicated in the present case. In FIR it has been mentioned that there was illicit relation in between applicant and co-accused Monu Yadav. The applicant and co-accused Monu Yadav used to harass and torture to the deceased and instigated the deceased to commit suicide due to which the deceased has committed suicide by jumping before the train. It has further been submitted that there is no cogent evidence against the applicant with regard to illicit relationship of applicant with co-accused Monu Yadav. The applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. The deceased has committed suicide due to some other reason. There is no cogent evidence with regard to abetment against the applicant. The co-accused Monu Yadav has already been released on bail by this court vide order dated 27.11.2019 in Criminal Misc. Bail Application No. 51894 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 16.9.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail. Learned counsel for the complainant argued that prior to the alleged incident the deceased had given an application to the police of police station concerned in which it has been mentioned that applicant has physical relation with co-accused Monu Yadav. It has further been submitted that applicant and co-accused have harassed and tortured to the deceased and compelled the deceased to commit suicide, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Kusum Devi involved in Case Crime No. 0151 of 2019, under section 306 IPC, P.S. Chirgaon, District Jhansi be released on bail on her furnishing a personal bond with 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 evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall 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 :- 16.12.2019 Masarrat