Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11006 of 2021 Applicant :- Pooja Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.,Rajpal Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
None is present from the side of the informant.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 103 of 2020 under Sections 302, 307, 323 I.P.C., Police Station Jafarganj, District Fatehpur, during the pendency of trial.
As per F.I.R. lodged by Pinki Devi, there was a hand pump installed at the door of the co-accused Chhote Lal where informant's father-in-law Pancha (deceased) had gone to take water for drinking which was being restrained and when he did not stop taking water, co-accused Chhote Lal and Ajay started assaulting the deceased by Ballam (sphere) and lathi and when deceased's wife went there in order to rescue her husband, she was also assaulted by the sphere and lathi. When son of the deceased reached there in order to save them, then he was also assaulted by other son of co-accused Chhote Lal namely Nawal Kishor and his wife Pooja (applicant). In post-mortem report deceased is found to have sustained nine injuries which included lacerated wounds and stab wounds.
Submission made by the learned counsel for the applicant is that the said injuries which are found to have been sustained by the deceased are assigned to two co-accused Chhotey Lal and Ajay and not to the applicant. Applicant is a lady having three children, therefore, it is argued that she may be relased on bail as she is in jail since 14.10.2020. She has no criminal history. If released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer of bail but could not controvert the afors Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that main role is assigned to co-accused Chhote Lal and Ajay by which the deceased has died, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pooja Devi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Case of the present accused is distinguishable from the case of co-accused Chhote Lal and Ajay.
Order Date :- 8.4.2021 A.P. Pandey