Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30578 of 2019 Applicant :- Nirmala And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Prakash Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Anil Kumar Shukla, learned counsel on behalf of complainant is taken on record.
Heard Sri Vijay Prakash, learned counsel for the applicants, Sri Anil Kumar Shukla, learned counsel for the complainant as well as Sri R.K. Singh, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Arun, Sattey, Anjali, Smt. Nirmala and Smt. Ritu on the basis of suspicion alleging that on 30.1.2019 they killed Rahul for dispute of money. According to postmortem report, cause of death was found strangulation and hyoid bone was found fractured. One ligature mark was also found on the neck of deceased. At the pointing out of Arun, wire used in the crime was recovered.
It is submitted by learned counsel for the applicants that the applicant Nos. 1 & 2 are ladies and languishing in jail since 2.2.2019(about six months) and 18.2.2019 (more than five months) respectively having no criminal history. They have been falsely implicated. There is no recovery at the pointing out applicants. FIR was lodged on the basis of suspicion. There is no legal and cogent evidence against the applicants. Case of applicants are distinguishable from co-accused Arun. There is no independent witness. In case applicants are released on bail, they will not misuse the liberty of bail and cooperate in the trial.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Nirmala and Anjali involved in Case Crime No.102 of 2019, under Section 364, 302, 201, 34 IPC, Police Station Murad Nagar, District Ghaziabad 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 30.7.2019 P.P.