Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4076 of 2019 Applicant :- Smt Poonam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Alka Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Ho'ble The Chief Justice vide order dated 29.01.2019.
Heard learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 20.11.2018 after one day of the incident against four accused persons, namely, Smt. Poonam, Ravi, Ramdev, Pappu and pradeep alleging that on 19.11.2018 the dead body of Raj kumar was found and the cause of death was of strangulation. On suspicion, F.I.R. was lodged against the wife of the deceased and four other accused persons alleging that the wife of the deceased was a lady of bad character and with conspiracy of other co-accused she killed the brother of the complainant.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 21.11.2018 (more than two months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the statement of Kishori Lal was recorded, which is at page 49 of the bail application, he has clearly stated the deceased was an unemployed person and doing nothing. The deceased and his wife were quarrelled on 20.11.2018, which was witnessed by him and subsequently, he has come to the knowledge that Raj Kjumar committed suicide. Some other persons were used to come in the house of the deceased regularly. The present applicant has stated that 'Agar Asal Baap Ke Aulad Hai To Mar Ja Fansi Lagakar' hence she committed suicide. The main allegation is coming out against his wife, as such, she has been falsely implicated. There is no injury on the body of the deceased except the ligature mark on his leg. It is a very clear cut of suicidal case; there is no eye witness account; there is no independent witness 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.
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 the applicant Smt Poonam involved in Case Crime No. 771 of 2018 , under Section 147, 306, 504, 506 IPC, Police Station- Ramgarh, District-Firozabad 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 29.1.2019 OP