Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 6.7.2019 dead body of Guddi aged about 44 years (wife of complainant) was found in the field. According to postmortem report, cause of death was found strangulation and hyoid bone was found NAD. During investigation, names of Javitri, Bala and Gaffar were surfaced and it was found that Javitri and Bala handed over the deceased to Gaffar for illegal work of prostitution. Accused Gaggar killed Guddi for some money dispute. Aadhar Card, Pan Card etc. of deceased were recovered from the possession of co-accused Gaffar.
Learned counsel for the applicant submitted that co-accused Smt. Bala has been enlarged on bail this Court vide order dated 12.9.2019 in Criminal Misc. Bail Application No. 34869 of 2019 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. He further submitted that applicant is lady. The applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of applicant was surfaced after long time after thought with due legal consultation in the statement of son of deceased. Even then main role of assault was assigned to co-accused Gaffar and Aadhar Card, Pan Card etc. of deceased were also recovered from the possession of co-accused Gaffar. The case of applicant is distinguishable from co-accused Gaffar. Nothing was recovered from the possession of applicant. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 18.7.2019 (more than two months) 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 also admitted that the case of the applicant is identical to the case of co-accused, 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 applicantSmt. Javitri @ Jamna @ Smt. Jaivitri involved in Case Crime No. 601 of 2019, under Sections 302, 201, 120-B IPC, Police Station Kotwali City, District Bijnor 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 :- 26.9.2019 OP