Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55220 of 2019 Applicant :- Smt. Pushpa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Smt. Pushpa Devi in connection with Case Crime No.545 of 2019, under Sections 302, 120-B I.P.C. & 25/27 Arms Act, P.S. Baheri, District Bareilly.
The first information report of the incident was lodged on 11.07.2019 alleging therein that the informant, his mother and bhabhi Gudia Devi were sleeping in the verandah of the house. It was further mentioned that his step brother, Kallu came along with Gande Giri and assaulted his bhabhi by gandasa. It was further mentioned that when he challenged the assailants they fled away from the place of occurrence after committing the murder of his bhabhi. It was further mentioned that the applicant is also having the role in the commission of the crime. It was further mentioned that he had seen the assailants in the light of electricity.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to property disputed. He submitted that the applicant is a lady and having a small child to look after. He submitted that the applicant has been assigned the role of hatching a criminal conspiracy in the first information report itself and nothing overtact has been attributed to the applicant. He submitted that the applicant is languishing in jail since 13.07.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Pushpa Devi involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 16.12.2019 R./