Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17575 of 2019 Applicant :- Smt. Poonam Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Yadav,Anubhav Kumar Vimal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Hardev Prajapati, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged against 4 persons including the applicant. As per FIR co-accused Rahul had caused the death of the deceased Bhoori by strangulation. As per postmortem report, ligature mark was found on the neck of the deceased and hyoid bone was found fractured and the cause of death is due to asphyxia as a result of ante mortem strangulation. It has further been submitted that applicant is daughter-in-law of the deceased.There was no illicit relation in between the applicant and co-accused Rahul. False story has been concocted by the prosecution. It has further been submitted that co-accused Jagdish, Dinesh having identical role have already been released on bail by this court and by another bench of this court vide orders dated 19.4.2019 and 11.4.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 3.10.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is daughter-in-law of the deceased . There was illicit relation in between the applicant and co-accused Rahul. The applicant and other co-accused have committed the murder of the deceased but could not dispute the aforesaid fact that co- accused Jagdish and Dinesh having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Poonam involved in Case Crime No.
216 of 2018, under section 302 IPC, P.S. Dholna, District Kasganj be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 A.