Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8391 of 2019 Applicant :- Smt. Shanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ragvendra Singh Rathour,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in FIR dated 28.4.2017 lodged by Tara Bahadur with averments that in midnight at about 1.30 a.m. he got information that his son Man Bahadur was beaten with kicks, fists and lathi-danda over a dispute with applicant and her husband over drinking of liquor and in morning Man Bahadur died on way to hospital; that in fact deceased under intoxication came at the door of applicant and started abusing and when applicant after opening door made a protest, he committed maarpeet with applicant resulting in injuries over her forehead, as per Annexure-7 and due to sudden and grave provocation if some injury was caused to him by applicant's husband, his case falls under fourth exception of Section 300, IPC; that alleged eye witnesses have assigned applicant with the role of catching hold; that applicant is not alleged to have caused single head injury to deceased; that case of applicant is distinguishable from co-accused; that applicant has no criminal history; that applicant undertakes that she will not misuse the liberty of bail; that applicant is in custody since 29.4.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Shanti Devi be released on bail in Case Crime No. 0087 of 2017, under Sections 304 I.P.C., P.S. Anpara, District Sonbhadra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 T. Sinha