Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32133 of 2021 Applicant :- Smt. Renu Bhatiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.K. Singh,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Virendra Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 140/2021, under Sections 307, 323, 302, 34 IPC, police station Kamla Nagar, District Agra with the prayer to enlarge the applicant on bail.
According to prosecution version, the family of first informant is residing on the upper storey of the house of accused persons and it was alleged that on 09.06.2021 at 8.30 PM due to dispute over the issue of cooler and parking place, applicant and co- accused persons came at the floor of first informant and assaulted the first informant and her mother (deceased) and resultantly first informant sustained injuries and her mother died.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and she has not committed any offence. It was submitted that alleged dispute has taken place over the issue of cooler and parking place and that applicant has no motive, at all, to cause death of deceased. It was further submitted that in her supplementary statement, recorded under Section 161 Cr.P.C., first informant/injured has stated that co- accused Sardar Man Singh Bhatia has given rod blows at the head of deceased. Referring to postmortem report of deceased, it was submitted that as per postmortem report, deceased has sustained six injuries but injury no. 1, which is on the head, is fatal and as per supplementary statement of injured that injury has been caused by co-accused Sardar Man Singh Bhatia. It was also submitted that recovery of iron rod has also been shown from said co-accused Sardar Man Singh Bhatia. Regarding injuries of injured/first informant, it has been argued that though 11 injuries were shown on her body but all the injuries sustained by injured are simple in nature. It was further submitted that applicant is a lady and the role of causing fatal injury to deceased has been attributed to her husband/co- accused Sardar Man Singh Bhatia. It has further been argued that the applicant is in judicial custody since 14.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail.
It has been argued by learned counsel for the first informant that applicant is named in FIR, which was lodged promptly. Learned counsel has pointed out the statement of first informant/injured, wherein she has inter-alia stated that on 08.06.2021 she has made an application to the concerned S.S.P. and thereafter police have come there and tried to make understand both the parties and after that on 09.06.2021 at 8.30 PM applicant and co-accused persons reached at the floor of first informant and assaulted the deceased and first informant. It has further been submitted that injured has sustained as many as 11 years and deceased has also sustained six injuries. It was also submitted that the facts and circumstances of the case show that all the accused persons including applicant have assaulted the deceased.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Renu Bhatiya involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Anand Digitally signed by RAJBEER SINGH Date: 2021.10.27 10:33:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad