Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15927 of 2018 Applicant :- Smt Reena Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh K. Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the death of Manoj Kumar (husband of the applicant) was done on 08.11.2017 due to four lacerated wound, abrasion and one cut mark on neck; after 16 days of the incident i.e. on 24.11.2017 the F.I.R. was lodged against three accused persons, namely, Guddu Ali, Aftab Alam and Reena Devi; specifically stated that there was an illicit relation between Reena Devi and Guddu Ali, Aftab; hence they killed her husband; one knife used in this incident was recovered from the possession of Guddu.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant is a lady; there is no independent witness against the applicant; the co-accused Aftab @ Noor have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 20.03.2018 passed in Criminal Misc. Bail Application No. 6244 of 2018, copy of which has been taken on record; the role of the applicant is not grievous than the accused enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity; there is no legal evidence against the applicant; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 23/25.11.2017 (more than five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is not grievous than the accused enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Smt Reena Devi involved in the Case Crime No. 872 of 2017, under Sections 302, 506, 34 and 120-B I.P.C., P.S. Kotwali Padrauna, District Kushi Nagar 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2018 A. Tripathi