Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Rani Kanaujiya in Case Crime No. 95 of 2020, under Sections 302, 201, 120-B I.P.C., P.S.- Dhoomanganj, District - Prayagraj.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the F.I.R. was lodged against unknown persons and her name subsequently came in the statement of other three accused persons. Further submission of the learned counsel is that except the confessional statement of co-accused persons there is no other evidence against the accused applicant. Further submission is that the case is totally based on the circumstantial evidence. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 11.01.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the name of the accused applicant has come in light only on the basis of confessional statement of the co-accused and the case is totally based on circumstantial evidence and the circumstances are yet to be established during trial, therefore, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Rani Kanaujiya be released on bail in Case Crime No. 95 of 2020, under Sections 302, 201, 120-B I.P.C., P.S.- Dhoomanganj, District - Prayagraj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant 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 she 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 applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 applicant to prison.
Order Date :- 20.1.2021 Bhanu