Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15684 of 2021 Applicant :- Narayan Devi @ Narayan Sri Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.155 of 2020, under Sections 302 & 201 I.P.C., Police Station Makhanpur, District Firozabad, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Deceased Ruby married to co-accused Abhilashi about two and half year back. Informant is not an eye witness. Applicant is lady and mother-in-law of the deceased. There is no any evidence against the applicant except the confessional statement of co-accused Abhilashi. Dead body was found in the field of Bajra. As per postmortem report one lacerated wound was found on the person of deceased.
(iii) Applicant is in jail since 22.02.2021 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and could not show any evidence except confessional statement of co-accused Abhilashi against the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by Investigating Officer during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Narayan Devi @ Narayan Sri be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, she shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicants shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 8.4.2021 I.A.Siddiqui