Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14399 of 2021 Applicant :- Smt. Sona Opposite Party :- State of U.P.
Counsel for Applicant :- Lakshman Singh,Salman Ahmad Counsel for Opposite Party :- G.A.,B.N.Singh,Santosh Kumar Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and she has not committed any offence. Applicant is wife of deceased and she has no motive at all to cause death of her husband. As per prosecution version, applicant was assigned the role of assaulting the deceased with legs and fists, whereas, co-accused Akhilesh Kushwaha was assigned the role of assaulting the deceased with lathi. It was submitted that deceased has sustained one fatal injury at his stomach and there is no evidence that which of the accused is author of the same. Learned counsel has referred the death certificate of deceased, issued by M.L.B. Medical College & Hospital, Jhansi, wherein, cause of death has been shown as septicemic shock and manner of death was shown natural. It was further submitted that co-accused Akhilesh Kushwaha, who is son of deceased, has already been enlarged on bail by a co- ordinate Bench of this Court, vide order dated 21.09.2021, passed in Criminal Misc. Bail Application No.-30616 of 2021. Learned counsel has submitted that applicant is a 65 years old lady and she is languishing in jail since 30.11.2020 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. as well as learned counsel for the first informant have opposed the prayer for bail and argued applicant is wife of deceased. Learned counsel for the first informant has referred the statement of Dr.Janak Rajpoot, who has inter alia stated that deceased has sustained serious injuries in his intestine and an operation was conducted. It was submitted that alleged injury is possible by attacking the deceased with legs and fists. However, it has not been disputed that similarly placed co-accused Akhilesh Kushwaha, who is son of deceased, has already been granted bail by this Court .
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. Sona involved in Case Crime No.166 of 2019, under Section(s) 304, 325 I.P.C. registered at P.S. Dakor, District Jalaun, 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 :- 7.10.2021 Neeraj