Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38845 of 2019 Applicant :- Smt. Vimla Devi Alias Chhoti Bitti Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, the learned AGA for the State and Shri Ram Ashish Pandey, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Smt. Vimla Devi Alias Chhoti Bitti with a prayer to release him on bail in Case Crime No. 287 of 2018, under Sections 323, 325, 308 IPC, Police Station Ayana, District- Auraiya, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that First Information Report was lodged with general allegation against the applicant and other co-accused on 26.9.2018,thereafter X-ray was conducted on 23.11.2018 at Mainpuri, when incident took place at Auraiya.The fracture of left parietal bone of the injured Raj Kumar was found.It has been further submitted that hairline fracture was found after two months of the incident which took place at Auraiya found by doctor at Mainpuri.Earlier the applicant and co- accused have been implicated under 323 I.P.C. by Raj Kumar. The applicant is languishing in jail since 6.8.2019 who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Smt. Vimla Devi Alias Chhoti Bitti involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.9.2019 Atul kr. sri.