Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that applicant is wife of the deceased. There was no dispute in between the applicant and deceased. The deceased fell down into well when he was going to call for nature. In post-mortem report no ante-mortem injury has been found on the body of the deceased and the cause of death of deceased has been shown asphyxia due to ante-mortem drowning. It has further been submitted that the applicant has not called her husband from his house and there was no illicit relation in between the applicant and co-accused Sunny. False story has been concocted by the prosecution. There is only evidence of last seen against the applicant and other co-accused. False recovery of articles watch, cloths, belt, shoes and shocks have been shown on the pointing out of the applicant. There is no independent witness of the alleged recovery. It has further been submitted that the applicant has falsely been implicated in the present case only on the basis of suspicion. The co-accused Dharampal and Sukh Deen brother and father of the applicant have already been granted bail by this Court vide orders dated 10.02.2015 and 22.02.2015 respectively, therefore, the applicant is also entitled for bail. The applicant is a lady. There is no criminal history of the applicant and she is in jail since 24.06.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission 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 Seema @ Shanti involved in Case Crime No.362 of 2015, Under Section 302, 201 I.P.C., Police Station Bhadokhar, District Raebareli, 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 evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and 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 :- 2.3.2016 Jitendra