Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15022 of 2018 Applicant :- Sushama Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Verma 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, the F.I.R. was lodged against two accused persons, namely Sushama (wife of deceased) and Ram Khilawan alleging that due to illicit relation between Sushama and Ram Khilawan on 20/21.7.2014 they killed Anil (deceased)(husband of Sushama) by throttling. Charge sheet has been submitted against co-accused Ram Khilawan only. Applicant was summoned by court concerned under Section 319 Cr.P.C.
It is submitted by learned counsel for the applicant that co- accused namely Ram Khilawa had been granted bail by co- ordinate Bench of this Court vide order dated 3.6.2016 in Criminal Misc. Bail Application No. 37229 of 2014, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. According to postmortem report, no injury was found on the body of injured and according to viscera report, no poison was found. It is further submitted that deceased was habitual drinker, due to over drink of wine, he was died. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 29.3.2018 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.
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 the applicant Sushama involved in S.T. No. 430 of 2014 as well as Case Crime No. 135 of 2014, under Section 302 IPC, Police Station Nayagaon, District Etah 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 :- 24.4.2018 A. Singh