Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45168 of 2018 Applicant :- Mamta Kharwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Durgesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against seven accused persons namely, Hardev, Tetri Devi, Jitendra Kharwar, Mamta Kharwar, Virendra Kharwar, Sanjay Kharwar and Sharda Kharwar alleging that Shashi was married to Virendra Kharwar before five years of incident and on 30.9.2015 accused persons killed her. According to post-mortem report, cause of death was strangulation.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 7.9.2018(more than two and half months) having no criminal history. She has been falsely implicated merely being relative. She is a lady. She was not present at the time of incident and she has no concern with the crime. There is no legal evidence against her. Co-accused Jitendra Kharwar has already been enlarged on bail by coordinate Bench of this Court vide order dated 24.1.2017 passed in Criminal Misc. Bail Application No.2038 of 2016 and co-accused Tetri Devi and Hardev Kharwar have been enlarged on bail by coordinate Bench of this Court vide order dated 7.2.2017 passed in Criminal Misc. Bail Application No.41123 of 2016 (Bail orders are annexed as annexure 7 to the bail application).The applicant is also entitled to bail on the ground of parity. There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and her case is identical to abovementioned accused who have been granted bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Mamta Kharwar involved in Case Crime No.408 of 2015, under Section 302, 120-B IPC, Police Station Pakadi, District Ballia 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 P.P.