Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 832 of 2019 Applicant :- Smt. Seema Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons namely, Seema, Pankaj and Godu alleging that Shyam used to live with Seema in the rented house of Bhagwan. Seema was already married, having four children and she has estranged her husband. Shyam wants to marriage Seema but Seema did not love Shyam, she simply wants to use his money. On 23.07.2018 at 11:00 am Pankaj, Gotu and Seema murdered Shyam by strangulation. Robin told this fact to the complainant and another son of the complainant namely Sunny also saw the accused-persons in the house of Bhagwan.
It is submitted by learned counsel for the applicant that co- accused namely Pankaj Mishra has already been granted bail by co-ordinate Bench of this Court vide order dated 17.12.2018 in Criminal Appeal No. 6066 of 2018 including Section 3(2)V S.C./S.T. Act, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is lady. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 25.7.2018 (near about six month) 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 and the case of present applicant is identical to co- accused Pankaj Mishra who has been enlarged on bail.
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 Smt. Seema involved in Case Crime No. 885 of 2018, under Section 302 IPC, Police Station Sadar Bazar, District Agra 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 :- 21.1.2019 A. Singh