Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20214 of 2018 Applicant :- Sawari Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Z.K. Hasan, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 25.10.2017 (after three days of incident) against five accused persons, namely Ramji, Sawari Devi, Sachin, Rima and Ravina alleging that on 22.10.2017 they assaulted Mewati Devi (mother of complainant), she received three injuries, one on neck, resultantly died. According to postmortem report, cause of death is asphyxia due to ante-mortem injury.
It is submitted by learned counsel for the applicant that applicant is the lady. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and eye witness account against the applicant. There is general allegation against the applicant. There is no recovery on the pointing out of the applicant. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 26.10.2017 (more than seven 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 Sawari Devi involved in Case Crime No. 579 of 2017, under Sections 302, 201 IPC, Police Station Gulariha, District Gorakhpur 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 :- 29.5.2018//A. Singh