Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7745 of 2019 Applicant :- Smt. Sumitra Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sugendra Kumar 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 six accused persons, namely Lalmani Yadav, Radheshyam Yadav, Vikash Yadav, Nitesh Yadav, Smt. Sumitra Devi and Shyamdulari Devi alleging that on 27.8.2018 they assaulted Ramshringar with lathi-danda and Lalmani assaulted with bricks on the head of deceased, he received head injury resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Radhey Shyam Yadav has already been granted bail by co-ordinate Bench of this Court vide order dated 21.12.2018 in Criminal Misc. Bail Application No. 49281 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant is lady. Main role of causing head injury was assigned to co-accused Lalmani. There is general allegation against the applicant. Only one head injury was found on the body of deceased caused by co-accused Lalmani. There in independent witness and no legal evidence against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 5.12.2018 (more than two and half 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 the case of present applicant is identical to co- accused Radhey Shyam Yadav 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 applicant Smt. Sumitra Devi involved in Case Crime No. 132 of 2018, under Sections 147, 149, 323, 324, 336, 504, 302 IPC, Police Station Bhaluwani, District Deoria 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 :- 25.2.2019 A. Singh