Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14546 of 2021 Applicant :- Nanhi Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Bhushan Rai,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shashi Bhushan Rai and Sri Jitendra Kumar, learned counsels for the applicant and Sri Bade Lal Bind, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Nanhi seeking enlargement on bail during trial in connection with Case Crime No. 230 of 2020, under Sections 302/34, 120-B IPC, registered at P.S. Dataganj, District Badaun.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant was the informant of the present case, in which, the First Information Report was registered by her against three named accused persons. Subsequently, during investigation the police has shown the applicant to be a conspirator to the said murder along with co-accused Narendra with whom she is said to have had some extramarital affair. It is argued that the present case is a case of single gun shot and the cause of death is the firearm injury as per the postmortem report. It is further argued that while placing annexure S.A.-1 to the supplementary affidavit, co-accused Narendra has been granted bail by co- ordinate Bench of this Court vide order dated 16.03.2021 passed in Crl. Misc. Bail Application No. 1720 of 2021 (Narendra Vs. State of U.P.) and co-accused Mukesh son of Nanhe Singh has also been granted bail by co-ordinate Bench of this Court vide order dated 12.01.2021 passed in Crl. Misc. Bail Application No. 1870 of 2021 (Mukesh and another Vs. State of U.P.), copy of the orders are annexed as annexure S.A.1 to the supplementary affidavit. It is further argued that the role of firing has been attributed to co-accused Mukesh son of Soran Singh @ Neksu. It is argued that there is no credible evidence of conspiracy against the applicant and even the evidence of meeting of minds is missing. It is argued that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 27.08.2020. It is argued that the applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C.
Per contra, learned AGA for the State opposed the prayer for bail and argued that the applicant is the wife of the deceased and had conspired with co-accused Narendra with whom she was having illicit relationship as a result of which the present incident has been committed.
Looking to the facts and circumstances of the case, it apparent that the applicant is a lady. The deceased has received a single firearm injury and the role of firing attributed to co-accused Mukesh son of Soran Singh @ Neksu. Two co-accused namely Mukesh son of Nanhe and Narendra with whom the applicant is said to have illicit relationship, has been granted bail by co- ordinate Benches of this Court. It is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Nanhi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 M. ARIF (Samit Gopal, J.)