Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2434 of 2019 Applicant :- Laxmina Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pathak,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri Mayank Mishra, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 29.3.2017 (after five months of incident) against four accused persons, namely Laxmina, Usha, Gulab Rajbhar, Jetu Rajbhar alleging that they kidnapped Sarmila Sonkar @ Sarita and killed her.
It is submitted by learned counsel for the applicants that love marriage was solemnized between deceased Sarmila Sonkar @ Sarita and accused Teju Rajbhar on 1.2.2017 and marriage was registered on 21.2.2017. At the time of delivery, Sarmila Sonkar and her new born baby were died during treatment (several documents of hospital are annexed with the bail application). F.I.R. was lodged by N.G.O., later on, after long time, the case was converted under Section 302 IPC. Applicants are mother-in-law and father-in-law of deceased. the applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. There is no independent witness and no legal evidence against the applicants. There are general allegations against the applicants. They are languishing in jail since 10.9.2018 (near about four and half months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have 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 applicants Laxmina Devi and Gulab Rajbhar involved in Case Crime No. 180 of 2017, under Sections 363, 366, 504, 506, 201, 302, 376 IPC & Section 3(2)5 S.C./S.T. Act and Section 3/4 POCSO Act, Police Station Sarnath, District Varanasi 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 21.1.2019 A. Singh