Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23816 of 2021 Applicant :- Smt. Poonam Tiwari @ Purnima Opposite Party :- State of U.P. Counsel for Applicant :- Prem Shankar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Mohan Kant Baghel, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution version on 8.05.2020 at 5.00 AM, deceased has left his house by saying that he would return within two hours but after that he never returned. On 10.05.2020 his dead-body was found in the pond of village. First information report was lodged against unknown persons and during investigation involvement of applicant and co-accused persons was shown.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has not committed any offence. The applicant is wife of deceased and that there is absolutely no evidence against her. As per prosecution version, co-accused Narendra Rajpoot was having illicit relations with applicant but there is no evidence to support that allegation. It was also stated that according to prosecution, co-accused Ankit Yadav @ Surendra, Sushil Yadav @ Sonu Yadav and Narendra Rajput have caused death of deceased and all these three co-accused have already granted bail by coordinate Benches of this Court vide orders dated 17.11.2020, 11.11.2020 and 21.01.2021 passed in Criminal Misc. Bail Application Nos.33447 of 2020, 36413 of 2020 and 44805 of 2020 respectively. The involvement of applicant has been shown on the basis of criminal conspiracy but there is no evidence to support any such conspiracy. It has been submitted that applicant is a lady and she is languishing in jail since 13.05.2020 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. has opposed the prayer for bail and argued that deceased was having illicit relations with co-accused Narendra Rajpoot and that murder of deceased was committed in criminal conspiracy due to that reason. However, it has not been disputed that co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Smt. Poonam Tiwari @ Purnima involved in Case Crime No.147 of 2020, under Sections 302, 201, 120-B IPC, P.S. Nawabad,, District Jhansi, 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 :- 29.7.2021 Neeraj