Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17873 of 2019 Applicant :- Smt. Pushpa Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
According to prosecution case, FIR was lodged by the informant against five accused persons namely, Amar Singh, Pramod, Pushpa, Ravindra and Manju alleging that on 19.4.2018 they killed Nanhi Lali aged about 55 years (Sister of the complainant) by setting her on fire.
It is submitted by learned counsel for the applicant that applicant is a lady and married sister-in-law (Nanad) of deceased. The applicant is innocent and has falsely been implicated in the present case. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant. It has further been submitted that the applicant has no concern with the deceased and her husband.She is living her in- laws house. It has further been submitted that co-accused Smt. Manju having identical role has already been released on bail by another bench of this Court vide order dated 27.3.2019 in Criminal Misc. Bail Application No. 12178 of 2019, therefore the applicant is also entitled for bail on the ground of parity.There is no criminal history of the applicant and is in jail since 10.9.2018.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Smt. Manju having identical role has already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Pushpa Devi involved in Case Crime No. 122 of 2018, under Sections 302, 201, 34, IPC P.S. Bhamora, District Bareilly be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 A.