Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34043 of 2018 Applicant :- Smt. Raja Bai @ Gudia @ Kalli Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Karan Yadav,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri S.K. Srivastava, learned counsel appearing for the complainant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased had lend some money to the applicant and co-accused Jagdev; on demanding the sum, it is alleged that the accused murdered the deceased along with other unknown persons; body of the deceased was recovered from a Jungal; inquest report was prepared on the following date of death i.e. 9.3.2016; son of the deceased is one of the witness to the inquest; FIR has been lodged belatedly after 20 months of the incident; no explanation has been furnished; co- accused Jagdev confessed the commission of the crime; assault weapon was recovered on his pointing out; postmortem report shows single exit and entry gun shot injury.
It is urged by learned counsel for the applicant that apart from the confessional statement there is no evidence against the applicant; circumstantial evidence do not link the applicant to the commission of the offence; applicant has been falsely implicated, applicant having no other reported criminal antecedent is languishing in jail since 9.2.2018 Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Smt. Raja Bai @ Gudia @ Kalli involved in Case Crime No. 329 of 2017, under Sections 302, 201, 34 I.P.C., Police Station Baberu, District Banda be released on bail on her furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her, in accordance with law.
Order Date :- 7.9.2018 S.Prakash