Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11800 of 2021 Applicant :- Rekha Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Ker Singh,Mohammad Zakir Counsel for Opposite Party :- G.A.,C.M.Rai
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Devendra has been granted bail by another Bench of this Court vide orders dated 18.2.2021 passed in Criminal Misc. Bail Application Nos. 10449 of 2021. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal history. He is languishing in jail since 10.10.2020.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the 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, Smt. Rekah Devi, who is involved in case crime no.993 of 2020, under Section 498A, 304B IPC and Section 3/4 of D.P. Act Police Station-Khurja Nagar, District- Bulandshahr, be released on bail on her furnishing 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 he 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 Gss