Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56753 of 2019 Applicant :- Sunita Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Two supplementary affidavits filed on behalf of the applicant and a joint vakalatnama filed by Sri Dinesh Kumar Misra and Anita Singh, Advocates, on behalf of the complainant are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged against 7 persons including the applicant making general allegation for committing marpit with the deceased and injured persons. The alleged incident is said to be taken place on 21.10.2019 at about 6.00 a.m. The police has also challaned both the parties under sections 151/107/116 Cr.P.C. The deceased Ramawati Devi died on 22.10.2019. Thereafter, the F.I.R. of the alleged incident has been lodged on 22.10.2019. It has been further submitted that from the side of applicant one person namely Sabhapati has also sustained injury. The N.C.R. under sections 323 and 504 I.P.C. has also been lodged from the applicant side. It has been further submitted that as per post mortem report four injuries have been found on the body of the deceased. The cause of death of the deceased has been shown haemorrhage, shock and coma as a result of ante mortem head, chest and abdomen injuries. There is general allegation against the applicant and no specific allegation has been assigned to the applicant. It is not specified as to who is author of this fatal injury. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. There is no criminal history of the applicant and she is in jail since 23.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that in this incident 3 persons including the deceased have sustained injuries. Four injuries have been found on the body of the deceased. The applicant and other co - accused have committed marpit with the deceased due to which she died. The applicant is named in the first information report. The applicant has committed the alleged offence, therefore, she is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sunita involved in Case Crime No. 278 of 2019, under Section 147, 148, 452, 323, 504, 304 IPC Police Station Chandwak District Jaunpur be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 19.12.2019 Gss