Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28768 of 2021 Applicant :- Rani Opposite Party :- State of U.P.
Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution version, on 15.04.2021 at about 11.00 PM, while the husband of first informant was bringing his e-Rickshaw to his home, in the way the applicant and co- accused Bahadur, Bablu and Babubhai caused injuries to him and resultantly, deceased has died in hospital on 20.04.2021. Initially, non-cognizable report was lodged on 16.04.2021 and after death of deceased, first information report was lodged on 20.04.2021.
It has been argued by learned counsel for the applicant that the applicant is innocent and that initially a non-cognizable report was lodged on 16.04.2021, wherein, applicant was not named. It has been stated that applicant was named in first information report, which was lodged after death of deceased. Learned counsel has pointed out the statement of informant, wherein, the only role assigned to applicant is that while co-accused persons were assaulting the deceased and when the informant reached there, applicant has pushed her away. There are no such allegation that applicant has caused any injury to deceased. It has been further submitted that applicant is a lady and now she is languishing in jail since 24.04.2021 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that applicant was not named in non- cognizable report, which was lodged on 16.04.2021 and that only role assigned to applicant is that she has pushed away the informant away, while deceased was being assaulted by co- accused persons.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Rani involved in Case Crime No.130 of 2021, under Sections 304, 323 IPC, P.S. Bindki, District Fatehpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 Neeraj