Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22651 of 2019 Applicant :- Sugiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Gore, Roshan, Ganpat and Bhakole alleging that on 25.4.2019 they assaulted Dinanath, he received three injuries, two on head, resultantly died. Statement of complainant was recorded, he stated that on the exhortation of one Sugiya (applicant), Bhakole assaulted Dinanath on head due to which he died.
It is submitted by learned counsel for the applicant that the 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. During investigation, the name of applicant was surfaced. The role of the applicant was extended to exhortation only. There is no independent witness and no eye witness account against the applicant. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 3.5.2019 (near about one month) 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 and submitted that instructions have not been received..
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 applicant Sugiya involved in Case Crime No. 108 of 2019, under Sections 147, 148, 323, 304, 504, 506, 120-B IPC, Police Station Mehdawal, District Sant Kabir Nagar 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 :- 29.5.2019 A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22651 of 2019 Applicant :- Sugiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Manas Bhargava, learned brief holder for the State stated that instructions have not been received.
Call for a report from S.S.P./S.P., Sant Kabir Nagar to explain as to why and under what circumstances, instructions have not sent within time, by filing personal affidavit on or before 2.7.2019.
List/ put up this matter on 3.7.2019.
Copy of this order be provided free of cost to learned A.G.A. for the State within 24 hours for compliance.
Order Date :- 29.5.2019 A. Singh