Heard, learned counsel for the applicant and learned A.G.A. for the State.
The first informant has lodged first information report on 26.07.2020, alleging that on 25.07.2020, he has lodged a missing report of his brother Shivam Singh and now his dead-body has been found in the field of one Ajab Singh. First information was lodged against unknown persons. During investigation, statements of Pradeep Kumar and Raghunandan were recorded, wherein, they have inter alia stated that earlier deceased was having an affair with applicant but later on deceased has married with someone else and that applicant has got killed the deceased with the help of her friend and relative.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has been falsely implicated in this case. Alleged witnesses Pradeep Kumar and Raghunandan are not eye-witness of incident and their version is based on surmises. It has been further submitted that there is no eye-witness of alleged incident and that the statements of witnesses Shailendra @ Gopal and Harimohan are to the effect that they have heard the conversation of applicant and co-accused persons and that they were saying that they have eliminated the deceased Shivam. Learned counsel has submitted that conversation of these accused persons is highly unnatural and improbable and there is long and undue delay in recording the statements of said witnesses. It has been further submitted that after three months of incident, a supplementary statement of first informant has been recorded, wherein, it has been stated that co-accused Pradeep Kumar and Raghunandan have made a confessional statement that they have committed murder of deceased at the instance of applicant Priyanka. Learned counsel has submitted that there is no eye-witness of incident and there is no such circumstances like that of last seen against applicant and no recovery of any incriminating article has been made from applicant. It was submitted that applicant has been falsely implicated merely on the basis of suspicion and that even according to prosecution version her involvement has been shown only in conspiracy but there is no evidence of any such conspiracy and there is no motive on the part of the applicant to cause the death of deceased. It was submitted that applicant is a lady and languishing in jail since 27.10.2020 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. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is main accused and that she has got murdered the deceased as he did not marry with applicant. It has been submitted that co-accused persons were seen at the spot by witnesses Vivek and Rajpal Singh and that involvement of applicant is also established on the basis of statement of Shailendra @ Gopal and Harimohan, who have heard the conversation of accused persons.
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 Priyanka @ Ritu involved in Case Crime No.290 of 2020, under Sections 302, 201 and 120-B IPC, P.S.Bewar, District Mainpuri, 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 :- 24.8.2021/Neeraj