Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8747 of 2019 Applicant :- Monika Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely, Robin, Rahul, Bittu, Jaiveer Singh, Shubham, Aditya, Monika and one unknown person alleging that on 27.9.2018 due to previous enmity they killed Rakesh Kumar by shot fire, the husband of the complainant. He received nine injuries.
Learned counsel for the applicant submitted that co-accused Bittu @ Chandravir has been enlarged on bail by co-ordinate Bench of this Court vide order 18.2.2019 in Criminal Misc. Bail Application No. 6499 of 2019 and the case of the applicant is not heinous than the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 30.11.2018 (about three months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to the applicant. It is not clear that who had caused injury to the deceased. The applicant is a lady. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case she is released on bail, she 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 and also admitted that the case of the present applicant is identical to the case of co-accused Bittu @ Chandravir, who has been enlarged on bail 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 the applicant Monika involved in Case Crime No. 528 of 2018, under Section 147, 148, 149, 302, 307, 120-B, 506 IPC, Police Station-Seohara, District-Bijnor 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 he is accused, or suspected, of the commission of which he 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 :- 28.2.2019 OP