Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38055 of 2020 Applicant :- Patiraji Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Pravesh Yadav Counsel for Opposite Party :- G.A.,Vindhyachal Singh
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri S.K. Tiwari, learned counsel for the applicant, learned counsel appearing on behalf of informant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Patiraji Devi with a prayer to enlarge her on bail in Case Crime No. 109 of 2020, under Section 302 I.P.C., Police Station Barsathi, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the applicant is a woman and the police after investigation has already submitted charge sheet against her, hence, there is no question of the applicant influencing the investigation. The case is totally based on circumstantial evidence and nobody has seen the applicant causing the injury to the deceased. The deceased was the daughter-in-law of the applicant. The husband of the deceased was residing in Mumbai. It has further been submitted that at the time of incident, the accused-applicant was not with the deceased but she was sleeping in "Goshala". The incident took place in the night and she could know about the incident only in the morning. The applicant has been implicated in the present case only on the basis of suspicion. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 21.07.2020, hence, she is entitled to bail.
Learned A.G.A. as well as the learned counsel appearing on behalf of complainant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. They have further submitted that after investigation, the police has already filed charge sheet in the matter. Learned counsel appearing on behalf of informant has further submitted that the investigating officer took the help of sniffer dog and by his gestures and conducts, it is established that he went first to "Goshala", where the accused-applicant was sleeping and thereafter, the dog went to the roof of the house. It has also been submitted that the accused-applicant must have participated in the commission of offence. The co-accused namely Ravi was called by the present accused-applicant and she was taken him to the room of the deceased and on her call the deceased has opened the door and thereafter, the said co-accused Ravi has committed murder of the deceased. It has been submitted that the whole incident took place because the deceased was not able to give birth to a child and being motivated by the said fact, the accused-applicant was inclined to marry her son with some other girl and the murder of the deceased was planned.
The facts as referred by learned counsel appearing on behalf of complainant will be assessed and examined during trial. The fact remains that the total case is based on circumstantial evidence and nobody has seen the accused-applicant causing any injury to the deceased or calling the co-accused and taken him to the room of the deceased.There is nothing in the statement of the accused-applicant which may be said to be her confessional statement.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record as well as considering the fact that the allegation of causing death has been assigned to the co- accused Ravi, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 6.1.2021 sailesh