Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32983 of 2021 Applicant :- Parvati Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.,Sheetala Prasad Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
According to the prosecution version, the first information report was lodged against the applicant and co-accused Sandeep alleging that on 15.05.2021 at 10:00 AM, co-accused Sandeep has taken away the first informant's niece on cycle and after that he did not return. On next day dead body of deceased was recovered at the instance of co-accused Sandeep and later on cycle and slipper of deceased were recovered from house of applicant. As per prosecution version, the applicant was having illicit relations with co-accused Sandeep.
It has been argued by learned counsel for the applicant that applicant is innocent and she has been falsely implicated in the present case. There is no eye-witness of alleged incident and that even according to the prosecution version, the deceased child was taken away by co-accused Sandeep and that dead body of deceased has also been recovered at the instance of co-accused Sandeep. It was submitted that alleged recovery of cycle and slipper of deceased child is false and was planted on the applicant and that a false version was developed by the prosecution during investigation that applicant was having illicit relations with co-accused Sandeep. Learned counsel submitted that neither there is any eye- witness of alleged incident nor there is any such circumstance like that of 'last seen' against the applicant. It was further submitted that applicant has no motive to commit the murder of deceased child and that now the applicant is languishing in jail since 16.05.2021, 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. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report. It was stated that applicant was having illicit relations with co-accused Sandeep and earlier some dispute has taken place between the applicant and family members of deceased child and that applicant has threatened them to teach a lesson. It was submitted that deceased child was taken away and murdered by co-accused Sandeep at the instance of applicant. It has also been submitted that recovery of cycle and slipper of deceased has been effected from the house of applicant.
Perusal of record shows that as per prosecution version, deceased child was taken away by co-accused Sandeep and dead body of deceased child was also recovered at the pointing out of co-accused Sandeep and that as per prosecution version, co-accused Sandeep has committed murder of deceased child in conspiracy with the applicant. The only evidence shown against the applicant that cycle and slipper of deceased child was recovered from the house of applicant, whereas dead body has been recovered from Jungle. The applicant is a lady and she is in judicial custody since 16.05.2021.
Let the applicant Parvati involved in Case Crime No. 100 of 2021, under Section 302, 364, 201, 120B IPC, P.S. Sonha, District Basti, 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 :- 24.9.2021 A. Tripathi