Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19963 of 2018 Applicant :- Mala Devi @ Rajmala Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution case, deceased Sri Krishna (the husband of Mala Devi) was died on 30.07.2017 and entry was made in G.D; the reason of death was unknown; subsequently after three months eight days of the incident the F.I.R. was lodged by the father of deceased against four accused persons, namely, Smt. Mala Devi, Sri Krishna, Kale and Pappu alleging that there was an illicit relation between Mala Devi and Sri Krishna (son of Nathu Singh) due to that reason they killed the deceased by providing capsules.
Learned counsel for the applicant submitted that co- accused namely Sri Krishna has been granted bail by this Court vide order dated 14.5.2018 in Criminal Misc. Bail Application No. 17863 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the F.I.R. was lodged after more than three months with legal consultation and afterthought; according to the postmortem report the cause of death could not ascertain, viscera preserved; there is no legal evidence against this accused; no eye-witness account is present against the applicant; the F.I.R. was lodged on the basis of suspicion only; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 5.2.2018 (more than four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant Mala Devi @ Rajmala involved in the Case Crime No. 643 of 2017, under Sections 302, 328, 34, 120-B I.P.C., P.S. Jarifnagar, District Budaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 28.5.2018 A. Singh