Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39842 of 2019 Applicant :- Phooldai Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Shyam Narayan, Shyamsundar Tiwari, Phuldei, Sangita, Sanam and Rubi alleging that on 13.6.2019 at 5 p.m. they assaulted Reshama and complainant. Reshama received two injuries, resultantly died. According to postmortem report, cause of death was found asphyxia due to strangulation.
It is submitted by learned counsel for the applicants that co-accused namely Ruby @ Sonam, Sanam @ Alka and Sangita have already been granted bail by this Court vide orders dated 20.8.2019 and 18.9.2019 in Criminal Misc. Bail Application Nos. 33644 of 2019 and 36717 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is lady. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There are general allegations against all accused persons. Nothing was recovered from the possession of applicant. F.I.R. was lodged after postmortem after thought and due legal consultation. There is no independent witness and no legal evidence against the applicant. She is languishing in jail since 15.6.2019 (more than three 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 and the case of present applicant is identical to co- accused Ruby @ Sonam, Sanam @ Alka and Sangita who have been enlarged on bail.
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 Phooldai involved in Case Crime No. 43 of 2019, under Sections 147, 323, 504, 506, 452, 302 IPC, Police Station Jamalpur, District Mirzapur 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 :- 26.9.2019 A. Singh