Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15573 of 2018 Applicant :- Puja Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 05.01.2018 against Pooja, Radhey, Omkar, Brijesh Gupta and three unknown persons alleging that on 04.01.2018 they assaulted Vijay Pratap Singh @ Rajan by sharp edged weapon, he received two incised wound, one lacerated wound and three other injuries on nose and neck, resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against her; the applicant is an unmarried girl; she has no concerned with this crime; there is no legal evidence against this accused; general role has been assigned against this accused; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 06.01.2018 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Puja involved in the Case Crime No. 06 of 2018, under Sections 302, 34 I.P.C., P.S. Badalapur, District Jaunpur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018/A. Tripathi