Court No. - 29
Case :- CRIMINAL APPEAL No. - 5042 of 2019 Appellant :- Rakhi Respondent :- State of U.P. and Another Counsel for Appellant :- Vinod Kumar Kushwaha,Lal Mani Tripathi,R.S. Maurya Counsel for Respondent :- G.A.,Kunwar Ajay Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Counter affidavit filed by learned A.G.A. is taken on record.
This appeal is against the order dated 03.05.2019 whereby the bail application moved under Section 439 Cr.P.C. was dismissed.
The bail application before the trial Court was filed in reference to the F.I.R. registered as Case Crime No. 242 of 2018 under Sections 302 and 506 I.P.C., Police Station- Ghajner, District- Kanpur Dehat.
Counsel for the appellant submits that the the co-accused Anand Yadav has already been enlarged on bail and case of the appellant stands on better footing as no evidence exists to connect her with the occurrence. She has been implicated based on the hearsay evidence not admissible in the law, thus, the appellant be enlarged on bail.
Learned counsel for the complainant has opposed the bail application. He submits that father and mother of the accused were killed and the allegations are against her and even if co- accused has been granted bail, she may not be enlarged on bail for the reason that the appellant is the main accused.
I have considered the rival submissions made by counsel for the parties and perused the record.
The learned A.G.A. and counsel for the complainant could not refer evidence to show involvement of the appellant.
At this stage, any comment on the facts may affect either of the parties during the course of trial. Thus, I am not making any comment on the facts but find a case for bail.
Thus, the appeal is allowed. The order dated 03.05.2019 is set aside.
Let the appellant Rakhi be released on bail on her executing personal bond and furnishing two sureties of Rs. 25,000/- each to the satisfaction of the court concerned in Bail Application No. 1092 of 2019 arising out of Case Crime No. 242 of 2018 under Sections 302 and 506 I.P.C., Police Station- Ghajner, District- Kanpur Dehat, on the following conditions-:
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will notdelay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 12.8.2021 Nirmal Sinha (Munishwar Nath Bhandari, A.C.J.)