Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28088 of 2021 Applicant :- Smt.Machhla And 2 Other Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Krishna Chaurasia,Bhavya Sahai,Brijesh Sahai(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Brijesh Sahai, assisted by Sri Bhavya Sahai, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants Smt.Machhla, Smt.Shakuntala & Smt.Shivwati with a prayer to release them on bail in Case Crime No.931 of 2020, under Sections 147, 148, 302, 504, 506 I.P.C., P.S. Kotwali Nagar, District Banda, during pendency of the trial.
It is argued by the learned counsel for the applicants that applicants are lady and have been falsely implicated in the present case. 14 persons are named in the First Information Report and three persons have received injury which was caused by lathi, danda and sharp edged weapon. He next argued that on the pointing out of applicant no.2 Smt.Shakuntala, danda has been recovered but from the possession of applicant nos. 1 and 3, nothing has been said to be recovered. From perusal of the First Information Report, there is no evidence against the applicants to commit the alleged incident. Applicants are neighbour of the other co-accused. From the postmortem report, there is no injury caused by danda. On the pointing out of the co-accused, Deoraj an axe has been recovered. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicant no.1 & 2 are languishing in jail since 22.11.2020 and applicant no.3 is languishing in jail since 08.01.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Smt.Machhla, Smt.Shakuntala & Smt Shivwati, be released on bail in Case Crime No.931 of 2020, under Sections 147, 148, 302, 504, 506 I.P.C., P.S. Kotwali Nagar, District Banda on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.12.2021/SKD