Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50273 of 2021 Applicant :- Manisha Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Sarfaraz Ahmad,Gaurav Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No.279 of 2021, under Sections 302 and 504 I.P.C., P.S. Kotwali Nagar, district-Mau, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against co- accused Sonu Sahani, alleging therein that he was living with his widow daughter-in-law Atwari (deceased), aged about 34 years. In the back portion of the same house, the younger son of the complainant Sonu Sahani also used to live with his family used to quarrel with the deceased over distribution of property. It was also alleged that on 21.7.2021 at about 6 O'clock in the morning when the deceased was sweeping the courtyard, then co-accused reached there and started abusing the deceased, when she resisted then the co-accused Sonu Sahani assaulted her with 'Dhurmus'.
Learned counsel for the applicant submits that the applicant happens to be wife of co-accused Sonu Sahani, who is 100 per cent blind and co-accused has solemnized marriage with her against the wishes of her parents, that's why she has been falsely implicated in the present case. He next submits that the applicant was not named in the first information report and the main allegation of assaulting the deceased with 'Dhurmus' was made against co-accused Sonu Sahani. The only role which has been assigned to the applicant is that of catching hold and it is quite unnatural that how a 100 per cent blind woman can hold a young lady. Medical papers of the applicant regarding her vision is annexed at page no. 75 of the paper book. Further submission is that the applicant is a lady and she is having three small children to look after. He lastly submits that the applicant, who is in jail since 23.7.2021 and has no criminal antecedents to her credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the applicant is a lady, who is having three children to look after, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Manisha Devi be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 22.12.2021 Faridul