Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29118 of 2021 Applicant :- Smt. Munni Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to the prosecution version, the brother of deceased has given an application to the police on 09.05.2021 alleging that brother his Rahul (deceased) himself has fired a bullet at him and resultantly deceased has died. After postmortem, first information report of this case was got lodged by police, wherein, inter alia it was alleged that co-accused Sachin has fired at the deceased and resultantly the deceased sustained firearm injuries and died.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant was not named in the initial information given to the police. It has been submitted that statement of alleged Pintu, who has given initial information regarding incident of 08.05.2021, has been recorded after 18 days of incident, whereas he was shown a witness on the inquest report. It has not been clarified that if he has seen any such incident why he did not make any such statement for 18 days. It has been further submitted that even as per prosecution version, the only role assigned to applicant is that she has caused disappearance of evidence by washing the blood stains from spot. As per prosecution version, injury has been caused to deceased by co-
accused Sachin. It has been submitted that applicant is a lady and she is languishing in jail since 25.05.2021, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that the role assigned to applicant is that of disappearance of evidence.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Munni involved in Case Crime No. 165 of 2021, under Sections 302, 201 IPC, P.S. Binauli, District Baghpat, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 A. Tripathi