Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55603 of 2019 Applicant :- Pushpa Opposite Party :- State of U.P.
Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajatshatru Pandey, learned counsel for the applicant and Sri B. A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 375 of 2019, under Sections 302, 120-B, 323, 506 I.P.C., P.S. Jewar, District Gautam Budh Nagar.
As per the F.I.R. the deceased is said to have been fired upon by the accused applicant and four others co-accused under a conspiracy under which she was called on the roof on 04.07.2011 at about 12 O'clock in night. The only eye witness of the occurrence said to be Kuldeep who has seen the accused fleeing from the place of occurrence. The deceased has suffered five injuries. The motive is stated to be that the deceased had married the informant of her own free will against the wishes of family members/accused.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that there is no eye witness of the occurrence. Kuldeep who is said to be the only eye witness could not recognize the accused on the day of occurrence in the night. The other piece of evidence which has been gathered against the accused is confessional statement of co-accused Rishipal. The accused is a lady. No recovery has been made from the accused of any from the accused or any incriminating article nor of her pointing out. The accused applicant is in jail since 06.08.2019, if the accused applicant is released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the facts, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pushpa, involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 VPS