Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15633 of 2021 Applicant :- Smt. Shivkumari Opposite Party :- State of U.P.
Counsel for Applicant :- Romeshwari Prasad,Rudreshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution version on 06.01.2021, one Shiv Mangal has lodged the FIR alleging that on 05.01.2021 at 1.00 PM, dead-body of an unknown lady, aged about 24 years, has been found near the field of Radheyshyam Sharma in vilage Jamalpur. It appears that later on, the said dead-body was identified to be of one Pushpa, the daughter of applicant Shivkumari and that during investigation, it has revealed that applicant and her family members have committed murder of deceased, as she was having relationship with some boy.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has not committed any offence. The only evidence shown against applicant is the statement of father-in-law of applicant, namely Ramdev, who has inter-alia stated that his grand daughter deceased Puspa (daughter of applicant) used to roam freely and on the night of incident, when she has come to home in late night, the husband of applicant has strangulated the deceased, as she was putting his reputation at stake and that applicant has exhorted her husband (co-accused Amarnath) to kill the deceased. It has been submitted that statement of said witness Ramdev has been recorded after five days of incident and that except that there is no evidence against applicant. Even as per version of said Ramdev, the mere role assigned to applicant is of exhortation. The statement of one Shobha Viyar was also referred, who has inter-alia stated that on the night of 04.01.2021, he has seen that co-accused Amarnath was carrying his daughter on his shoulders and applicant was also following her husband Amarnath and later on, the dead-body of deceased was found. It has been submitted that there is no cogent evidence against applicant and that only role assigned to applicant is of exhortation to co-accused Amarnath. It has been submitted that applicant is a lady and she is languishing in jail since 08.01.2021 having no criminal history and that in case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Smt. Shivkumari involved in Case Crime No.02 of 2021, under Sections 302 and 201 IPC, P.S. Jamalpur, District Mirzapur, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.9.2021 Neeraj