Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32037 of 2021 Applicant :- Smt. Rajkunwar Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Jaiswal,Adarsh Kumar Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over this second bail application moved by the applicant, Smt. Rajkunwar, in Case Crime No. 219 of 2019, under Section 304 I.P.C. Police Station-Mahrauni, District-Lalitpur.
Heard learned counsel for the applicant and learned AGA, and Shri Nanhe Lal Tripathi, learned counsel for the informant.Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 12.10.2019; it was a murder of her husband who had gone for partition for his property to his family members and this false story was concocted by the informant with a view to deprive the applicant from the property of her husband; the story cooked is highly improbable; deceased was of a healthy body built written to be of 180 C.M. in autopsy examination report and it was written in First Information Report, instantly lodged, that both the accused and her husband-deceased, along with their two sons, on their way over road, when some quarrel occurred in between and in view of informant and his father, this applicant scolded her husband and then after throttled him, which is highly improbable and unacceptable because in a public view over road, in presence of two family members including informant, this occurrence was said to have been committed by the applicant, but none intervened nor the applicant was apprehended instantly on spot; statement of her two kids have not recorded; it is a false implication; application being a lady languishing in jail since more than two years; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents and her first bail application was was dismissed for non presence.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Rajkunwar, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 29.10.2021 Deepak/