Rejoinder affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 503/2020, under Sections 307, 302, 201, 324 IPC, police station Chaubeypur, District Varanasi with the prayer to enlarge the applicant on bail.
According to prosecution version, on the night of 17.10.2020 at about 3.00-4.00 AM, informant's son Aman Chaubey (deceased) along with his brother Shubham Chaubey was sleeping in his room. It has been alleged that co-accused Vinay Chaubey, who is uncle of deceased Aman Chaubey, started assaulting the deceased with an axe and gave several axe blows. When Shubham Chaubey tried to intervene, he was also caused injuries. It has further been alleged that after incident, co-accused Vinay Chaubey ran away along with his wife Swati (applicant).
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and she has been falsely implicated in this case. It was submitted that even as per prosecution version, the role of causing injuries to deceased with axe has been attributed to co-accused Vinay Chaubey and that in the F.I.R. no role has been assigned to the applicant. It was further submitted that the prosecution version, that after incident applicant has concealed the axe used in the alleged incident, is false and baseless as the said axe was found in the courtyard of the house and in this connection learned counsel has referred the inspection report of F.S.L, which has been annexed as annexure no. 3 to the bail application. Learned counsel has submitted that injured witness Shubham Chaubey has not assigned any role to the applicant and merely it was stated that while co-accused Vinay Chaubey was assaulting the deceased, applicant was standing in the courtyard of the house. It was also submitted that even as per prosecution version, no role at all has been assigned to the applicant and that she has been falsely implicated in this case merely because she is wife of co-accused Vinay Chaubey. It has further been argued that the applicant is a lady and she is in judicial custody since 17.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Swati Chaubey involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 24.8.2021 Anand