Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29738 of 2019 Applicant :- Smt. Sarita Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Sarita Tiwari, Laki and unknown person alleging that on 4.3.2019, Laki killed Vijay Parashar by shot fire, he received one gun shot injury. During investigation, it was found that there was illicit relation between Sarita Tiwari and deceased Vijay Parashar and Laki due to which Laki killed Vijay Parashar by shot fire. Countrymade pistol used in this crime was recovered from the possession of co-accused Laki.
It is submitted by learned counsel for the applicant that applicant is lady. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Main role of firing was assigned to co-accused Laki. The case of applicant is distinguishable from co- accused Laki. Only on gunshot injury was found on the body of deceased caused by co-accused Laki. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 9.3.2019 (more than four and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Smt. Sarita Tiwari involved in Case Crime No. 153 of 2019, under Section 302/34 IPC, Police Station Karwi, District Chitrakoot 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 her 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 :- 25.7.2019 A. Singh