Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16447 of 2021 Applicant :- Mamta Rani Opposite Party :- State of U.P.
Counsel for Applicant :- Dheeraj Singh (Bohra) Counsel for Opposite Party :- G.A.,Shikhar Awasthi
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 86 of 2021 under Sections 302 and 120B IPC, Police Station - Kaushambi, District - Ghaziabad with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant Sanjay Kumar and it was alleged in the FIR that his nephew Nitin had gone from his home on 06.02.2021 by his motor cycle and after a hectic search, he could not be traced out and on 10.2.2021 the complainant received an information that a dead body was found in the area of police Station Kaushambi and the complainant went there and saw that the dead body of his nephew Nitin was lying in Plot No. 212, Vaishali Flat No. FF4, Sector -4. A suspicion of murdering the deceased was raised on accused Kulvindar, Richa and Vinod Kumar and it was alleged that the motorcycle of the deceased was found standing under the aforementioned flat. The name of the present accused Mamta Rani has surfaced during the investigation. The present accused is the mother of co- accused Richa named in the FIR.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the name of the present accused has surfaced during the investigation and she was not nominated in the FIR. It is further submitted that the present accused has been nominated in this case only because she happens to be the mother of the named accused Richa. It is also submitted that the only evidence against the present accused is the statement of Rekha who is said to be a friend of co-accused Richa. It has been stated by Rekha that Richa had told that her mother and father of Kulvindar had agreed to marry Richa with Kulvindar and they have eliminated the deceased named Nikki otherwise the marriage could not be materialized. It is further submitted that the other evidence against the present accused is that she has confessed her guilt in her extra judicial confessional statement before Mahi Pal Singh and Chatar Singh. Then, it is submitted by the learned counsel that the present accused is the resident of Flat No. 101, Plot No. 39, Shalimar Garden Extension, PS Shahibabad, District Ghaziabad and there is no reason or occasion for the present applicant to go to the village of the deceased and confess her guilt. It is further submitted that there is no reliable evidence direct or circumstantial against the present accused and the present accused was not seen by anybody near the place of the incident before or after the incident. It is also argued that the present accused is a lady aged about more than 55 years and is suffering from age related ailments and deserves for bail.
Lastly, it is argued that the applicant is in jail since 14.02.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. The learned counsel Shri Anjani Kumar Awasthi holding brief of Shri Shikhar Awasthi for the complainant also opposes the bail plea of the applicant but could not controvert the above mentioned facts.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out on the condition that the present applicant will cooperate in the trial proceeding and will not tamper with the prosecution evidence.
The prayer for bail is granted. The application is allowed.
Let applicant Mamta Rani involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 30.7.2021 LBY