Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8526 of 2019 Applicant :- Smt. Pushpa Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by complainant Manoj against four accused persons, namely Monu, Amit, Ravi and Ravi alleging that on 29.10.2017, they killed Dhiraj (brother of complainant) by administering poison for money. During investigation, it was found that there is illicit relation between wife of Manoj and deceased due to which Manoj (complainant) killed his real brother Dhiraj. Statement of one Smt. Jarina was recorded, she stated that Manoj killed his real brother Dhiraj with the help of his wife. Statement of Satveer (father of Manoj and deceased) was recorded, he stated that Manoj killed his real brother Dhiraj with the help of named accused persons.
It is submitted by learned counsel for the applicant that applicant is the lady. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. There is general allegation against the applicant. The applicant was not named in the F.I.R. She was falsely implicated due to wife of co-accused Manoj. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 19.11.2018 (more than three months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Smt. Pushpa involved in Case Crime No. 1149 of 2017, under Sections 302, 201, 34 IPC, Police Station Baraut, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her 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 :- 27.2.2019 A. Singh