Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26395 of 2018 Applicant :- Smt. Sarita Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Harsh Kumar,J.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant, Sri Anurag Shukla, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated being Devrani of the deceased Sunita and Chachi of deceased Agnivesh; that the F.I.R. of the incident has been lodged by brother of Sunita upon deliberations with inordinate delay and concocted story; that undisputedly Hari Om and Awdhesh were real brothers and applicant was married to Awdhesh while Sunita was married to Hari Om, the elder brother of Awdhesh; that as per averments made in F.I.R. the property of Sunita and Agnivesh was usurped by applicant and her husband and there was litigation between the parties and on 26.2.2018 at 3:30 p.m. when the deceased persons were getting their agricultural field ploughed with the help of Ram Lakhan and Mamta the brother and sister of Sunita (deceased), accused persons came with common intention and indiscriminately fired on sister and nephew of first informant resulting in their death; that the applicant is a lady and had no motive to cause death either of Sunita or of Agnivesh; that the alleged eye witnesses of the incident Ram Lakhan and Mamta Devi have been falsely planted and their presence on the spot is highly improbable as none of them is alleged to have sustained any injury which also doubts their presence on the spot; that in any case in the statements Ram Lakhan and Mamta Devi have assigned the applicant only with the role of catching hold of the deceased and role of firing has been assigned to Awdhesh and Vivek Shukla @ Golu, the husband and son of applicant; that co-accused Sarvesh Kumar Yadav has been granted bail by another Bench of this Court vide order dated 28.6.2018 passed in Criminal Misc. Bail Application No.23921 of 2018, copy produced for perusal; that the case of applicant is distinguishable from Awdhesh and Vivek Shukla @ Golu; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 4.3.2018 and is also entitled for bail in view of proviso to Section 437(1) Cr.P.C.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that the death of Sunita and Agnivesh has been caused by applicant and co-accused persons with common intention and the applicant has participated actively; that the applicant is the master mind of the incident.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Sarita be released on bail in Case Crime No.49 of 2018, under Sections 302/34 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Bela, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.11.2018 Kpy