Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10992 of 2021 Applicant :- Seema Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard over bail application moved by applicant-Seema to release her on bail in Case Crime No.807 of 2020, u/s 302, 201, 34 I.P.C., P.S.-Khurja Nagar, District-Bulandshahar.
Heard learned counsel for the applicant, learned A.G.A. representing the State through video conferencing and perused the record.
Learned counsel for the applicant submits that the applicant is wife of the deceased and she is languishing in jail since 10.08.2020. First Information Report has been lodged with the delay of 10 days without giving any plausible explanation. Allegation against the applicant is that she has developed illicit relationship with co-accused Ankit and thereafter the applicant and co-accused Ankit committed the murder of the deceased and hang the dead body with roof to show the case of suicide. It has further been submitted that the First Information Report has been lodged on the basis of suspicion and there is no cogent evidence with regard to the illicit relationship. The deceased was a drunker and in the night of alleged incident, he was sleeping in another room of the house. Only due to the dispute of property, the applicant has falsely been implicated in the present case. A recovery of pillow has been shown on the joint pointing out of applicant and co-accused Ankit. No blood-stains was found on the pillow. It is further submitted that on an identical footing co-accused Ankit has already been enlarged on bail by another Co-ordinated Bench of this Court vide order dated 21.01.2021 in Criminal Misc. Bail Application No.45884 of 2020. Lastly, it is submitted by learned counsel for the applicant that there is no criminal history against her, hence, bail has been prayed for.
Learned A.G.A. has vehemently opposed the bail application, but could not dispute the fact.
Considering the above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant-Seema involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.5.2021 SK Goswami