Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50743 of 2021 Applicant :- Manorama Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Smt. Manorama in connection with Case Crime No.206 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 34, 120-B I.P.C. and 60-A, 60(1), 90(2) Excise Act, Police Station Dauki, district AAgra.
The first information report of this incident was lodged by the complainant against six named persons. It was alleged in the first information report that on 23.08.2021 his son-in-law has consumed country-made liquor, which was purchased from Nagla Bhola Liquor Shop. It was also alleged that after consuming the liquor his son-in-law started vomiting and became unconscious. It was also alleged that complainant took him to the hospital where the doctor declared him brought dead.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that applicant was not named in first information report. He submitted that co- accused Hariom and another have been admitted to the concession of bail by another Bench of this Court by order dated 20.12.2021 passed in Criminal Misc. Bail Application No.53502 of 2021, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 04.09.2021, hence she is entitled to be released on bail and she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Manorama involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 23.12.2021 R./