Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11550 of 2018 Applicant :- Rajkumari Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Pawan Kumar
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Pawan Kumar, Advocate on behalf complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State.
According to the prosecution case the applicant Phoolpatti along with co- accused Rakesh, Jitendra and Smt. Raj Kumari assaulted the victim Sahida with lathi-danda in which the victim has received head injury and parietal bone was found fractured.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there was dispute regarding the land and incident occurred on the spur of moment; the applicant is a lady and she has assigned only the role of catching hold; there is no independent witness against the applicant which may show participation of the applicant in the alleged crime; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is in jail since 5.3.2018 having no criminal history. Co-accused namely Smt. Phoolpatti has been granted bail by this Court on 17.11.2017 vide Criminal Misc. Bail Application No. 40251 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail 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 the applicant Rajkumari Devi involved in Case No. 7716 of 2017 as well as Case Crime No. 142 of 2017, under Sections 308, 323, 504, 427 I.P.C., P.S. Parsa Malik , District Maharajganj be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.3.2018 A. Singh