Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30111 of 2019 Applicant :- Smt. Nirmala @ Kanturi Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 12.4.2019 (after four days of incident) against two accused persons, namely Munnalal and Nirmala @ Kanturi alleging that on 8.4.2019 they killed Dharmendra. According to postmortem report, deceased received three injuries. During investigation, it was found that there was illicit relation between Nirmala (applicant) and deceased due to which they killed him. Later on, one blood stained iron rod and blood stained cloths of co-accused Munnalal were recovered at joint pointing out of applicant and co-accused Munnalal.
It is submitted by learned counsel for the applicant that applicant is lady. The applicant is innocent and has been falsely implicated in the present case. Deceased was drinker. Some unknown persons killed the deceased. Incident took pace at night, nobody has seen the incident. Dead body was found in the well. Main role of assault was assigned to co-accused Munnala. The case of applicant is distinguishable from co-accused Munnala. There is no independent witness and no legal evidence against the applicant except confessional statement of applicant and co-accused Munnalal before the police personnels. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 12.4.2019 (more than three and half months) having no criminal history 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.
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 applicant Smt. Nirmala @ Kanturi involved in Case Crime No. 106 of 2019, under Sections 302, 201 IPC, Police Station Bisauli, District Budaun 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 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 her 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 :- 30.7.2019 A. Singh