Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19175 of 2021 Applicant :- Priyanka Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.,Deepak Rana
Hon'ble Samit Gopal,J.
Heard Sri Satish Kumar Tyagi, learned counsel for the applicant, Sri Deepak Rana, learned counsel for the first informant and Sri B.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
Sri Deepak Rana states that he has filed his Vakalatnama in the office but the same is not on record. Office is directed to trace out the same and place it on record and make a note thereof in the order-sheet.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Priyanka, seeking enlargement on bail during trial in connection with Case Crime No. 0089 of 2021, under Sections 302, 120-B I.P.C., registered at Police Station Modinagar, District Ghaziabad.
Learned counsel for the applicant argued that although the applicant is named in the first information report but her naming is on the basis of suspicion only and the allegation is of conspiracy. It is argued that the applicant is the wife of the deceased. It is further argued that the case of the prosecution is that the applicant was in a relationship with co-accused Ankit which was objected by the deceased / husband of the applicant and as such, he was called and then murdered by three other co-accused persons. It is argued that the present case, is a case of circumstantial evidence and there is no eye-witness to the murder. No specific role whatsoever has been assigned to all the accused persons in the first information report. The implication of the applicant is only on the basis of suspicion and that too by stating that the applicant had relationship with Ankit which was being opposed by the deceased and as such, she had conspired with other co-accused persons and the murder was committed. It is argued that the said story, is a false story and without any credible evidence. It is argued that initially, an information was given by mobile to the police which was registered in GD No. 25 on 28.01.2021 at 13:33 hrs at the police station that the dead body of the deceased is lying on the roof of the tube-well after which the present first information report has been registered on 29.01.2021 at 02:20 hrs, naming the applicant and three other co-accused persons. It is argued that the applicant is a lady and is entitled to the benefit of Section 437 Cr.P.C. The applicant is in jail since 29.01.2021.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that the applicant has a motive to commit the aforesaid offence, she was in relationship with co-accused Ankit which was being opposed by the deceased due to which she conspired with the other co- accused persons and committed the murder. It is argued that as such, the applicant has a participation in the present case and the prayer for bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the applicant is a lady. The only evidence coming against her is of conspiracy.
The case of the applicant is distinguishable with that of co-accused Ankit.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Priyanka, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 AS Rathore (Samit Gopal,J.)