Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Smt. Phool Kala for grant of bail, in Case Crime No. 602 of 2019, under Sections 364, 302, 201, 120-B, 506, 34 IPC, relating to Police Station Inayat Nagar, District Faizabad/ Ayodhya, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and she has not done any offence as claimed by the prosecution.
It is next submitted that the instant case is based on circumstantial evidence and no specific circumstance or even any material has been alleged by the prosecution, except some allegations or apprehensions, which may highlight the complicity of the applicant in the crime.
It is also submitted that no recovery of any kind or of any incriminating article has been effected either from the applicant or from her pointing out and even if the case of the prosecution is taken on its face value the complicity of the applicant in the crime is not evident and the Investigating Officer of the case without investigating the case properly, has submitted the charge sheet on the basis of insufficient material.
It is also submitted that other co-accused persons, namely, Smt. Meena who is the wife of the deceased and on whose pointing out recovery of mobile phone of the deceased has been made and co-accused Amarjeet and co-accused Pradeep Kumar on whose pointing out pillow has been recovered, have been released on bail by the Coordinate Benches of this Court, vide orders dated 17.12.2020 and 8.1.2021 passed in Bail Nos. 7945 of 2020 and 7788/2020 and 8447 of 2020, respectively.
It is further submitted that the applicant is in jail in this matter since 19.12.2019. She is not having any criminal antecedents and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or will misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail but could not dispute the factual submissions made by the learned counsel for the accused-applicant with regard to the role of the applicant and otehr co-accused persons who have been released on bail.
Having regard to the other facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant- Smt. Phool Kala involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.2.2021 Muk