Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7366 of 2021 Applicant :- Santosh Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Garun Pal Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. She has been falsely implicated in this case. It is further submitted that only role of catching hold has been assigned to the applicant. Main role of causing injuries to the deceased has been attributed to co-accused Pankaj. At this stage, learned counsel has referred to the contents of the F.I.R. and statement of witnesses recorded under section 161 Cr.P.C. as well as postmortem report and further argued that in this matter nothing has been recovered from the possession of the applicant. If the alleged recovery is taken into consideration, then also same is made from the co-accused Pankaj. It is further argued applicant is languishing in jail since 25.10.2020 having no criminal antecedents. 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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Santosh Devi involved in Case Crime No.437 of 2020, under Sections 302, 323, 504 IPC, Police Station Sadabad, District - Hathras be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such 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 :- 12.8.2021 ss