Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21826 of 2019 Applicant :- Smt. Saraswati Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sagar Yadav,Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. The first information report of the alleged incident was lodged against unknown. In the F.I.R., it has been mentioned that on 12.2.2019 at 9.30 a.m. two unknown persons came on a motorcycle and fired upon the deceased Raj Deo Yadav due to which he died. This incident was seen by other persons present near the place of occurrence. The name of the applicant came into light in the second statement of informant Rajesh Kumar Yadav. The allegation of hatching conspiracy has been levelled against the applicant. In fact the applicant has no concern with the alleged incident. The applicant is an old lady aged about 65 years. There is no cogent evidence with regard to the conspiracy and there is no credible evidence to connect the applicant with the alleged offence. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. The applicant has falsely been implicated in the present case. It has further been submitted that co-accused Smt. Rajni @ Ranjana Yadav having identical role has already been enlarged on bail by this Court vide orders dated 27.5.2019 in criminal Misc. Bail Application No. 22077 of 2019 therefore the applicant is also entitled for bail. on the ground of parity. The Criminal history of the applicant has been explained in paragraph no. 12 of the affidavit filed in support of bail application. The applicant is in jail since 12.4.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Smt. Rajni @ Ranjana Yadav having identical role has already been enlarged on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Smt. Saraswati Devi involved in Case Crime No. 157 of 2019, under Section 120-B, 147, 307, 302 IPC Police Station Jhunsi District Allahabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 31.5.2019 A.