Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24586 of 2020 Applicant :- Smt. Pooja Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava,Padmaker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, 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 Smt. Pooja with a prayer to enlarge her on bail in Case Crime No. 1018 of 2020, under Section 302 I.P.C., Police Station Devband, District Saharanpur.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case and she was not named in the FIR and the FIR was lodged against unknown person. Thereafter, Ex-Pradhan of the village after two months from the date of incident was examined by the Investigating Officer who stated that the accused made extra judicial confession before him confessing that she committed the murder of the deceased. Further submission is that except this extra judicial confession, there is no other evidence against the applicant. It is further submitted that accused applicant has no criminal history and she is prepared to furnish sureties and bonds and there is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 17.3.2020 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has 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. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties 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 Mini