Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10575 of 2021 Applicant :- Smt. Laxmina Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Gautam,Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that deceased was the real brother of the husband of the applicant. There was family dispute pending between them. Incident is said to have taken place in the night hour. There is no independent eye account witness. It was next argued that no specific role has been assigned in the FIR against the applicant. She is a woman. No source of light has also been shown. Applicant was impleaded in this matter on the basis of false facts. Investigating Officer did not record the statement of the mother of the deceased. Other witnesses interrogated by the Investigating Officer are planted. Thus, referring to the aforesaid fact it was further argued that applicant is in jail since 20.10.2020 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.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Laxmina Devi involved in Case Crime No. 621 of 2020, under Sections 304 IPC, P.S. Dhanghata, District Sant Kabir Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.06 14:19:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad