Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15360 of 2018 Applicant :- Tara Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Pavan Kumar Srivastava, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 20.12.2017 against Kamla Yadav and Tara Devi alleging that they have killed Pratima Yadav and Rishichand Yadav and cause of death was strangulation.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 14.3.2018 (more than one month) having no criminal history; she has been falsely implicated in the present case; there was love and affair between Rishichand Yadav, son of complainant and Pratima Yadav, daughter of applicant and on 17.12.2017 in different places they committed suicide; there is no injury on the body of deceased except ligature mark on neck; FIR was lodged on 20.12.2017 after three days of incident after thought and due legal consulation. The dead body of Pratima Yadav was found in the house of applicant and dead body of Rishichand Yadav was found at another place; it is not possible for one or two persons to kill two persons residing in different places. Story of complainant is unnatural and concocted and has been made in order to give shape of honour killing; there is no independent witness; on one hand, applicant has lost daughter due to suicidal death and on the other hand she is languishing in jail; in case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Tara Devi involved in Case Crime No.545 of 2017, under Section 302 IPC, Police Station Madhuban, District Mau 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 him 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 :- 25.4.2018 P.P.