Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43447 of 2018 Applicant :- Sanju Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Achal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Ram Bachan Pandey, Shiv Kumar Pandey, Laxman Pandey, Sanju Devi, Sonu, Shubham, Subhawati Devi and Ganesh Pandey alleging that on 3.9.2017 they entered into the house of first informant and assaulted Paras Nath Pandey and two others. Paras Nath Pandey received two injuries, one on head and another on neck. He died due to head injury.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Shiv Kumar Pandey and Laxman Pandey who have already been enlarged on bail by coordinate Bench of this Court vide order dated 29.3.2018 passed in Criminal Misc. Bail Application No.11348 of 2018 and order dated 13.8.2018 in Criminal Misc. Bail Application Nos. 30017 of 2018 respectively, and the applicant is entitled to bail on the ground of parity(Bail orders are annexed as annexure 12 to the bail application). The applicant has been falsely implicated in the present case. She is languishing in jail since 28.9.2018(about two months) having no criminal history. General role is alleged to have been assigned to all the accused and deceased received only one injury. It is not ascertained as to who has caused said injury. There is no possibility to get this case decided in short period in future. There is no independent witness. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history and her case is identical to co-accused Shiv Kumar Pandey and Laxman Pandey who have been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence, 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 applicant Sanju Devi involved in Case Crime No.938 of 2017(S.T. No. 28 of 2018) under Section 147,304, 308, 323, 452, 504 IPC, Police Station Rasda, District Ballia be released on bail on 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 :- 26.11.2018 P.P.