Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22664 of 2019 Applicant :- Mansha Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla,Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Vinod Chaudhari, Indu Devi, Dhanawati Devi and Mansha Devi alleging that on 3.12.2018 they assaulted Ramkewal Chaudhar, he receive injuries, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Indu Devi and Dhanawati Devi have already been granted bail by this Court vide order dated 20.5.2019 in Criminal Misc. Bail Application No. 20925 of 2019, 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 is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is author of that injury due to which he died. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 19.1.2019 (near about four and half months) having no criminal history and in case he is released on bail, he 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 applicant and admitted that applicant has 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 applicant Mansha Devi involved in Case Crime No.
365 of 2018, under Sections 304, 323, 504 IPC, Police Station Nebua Naurangiya, District Kushinagar 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 her 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 :- 29.5.2019 A. Singh