Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28766 of 2021 Applicant :- Vimla Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
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. 263/2021, under Section 302 IPC, police station Bakewar, District Etawah with the prayer to enlarge the applicant on bail.
According to prosecution version, husband of first informant was having illicit relations with co-accused Shashi Prabha Pal, who was a resident of Niwari Kalan. It was alleged that on 28.05.2021 all the accused persons have given beatings to husband of informant and that on 30.05.2021 husband of informant has again gone to Niwari Kalan and after that he was done to death by applicant and co-accused Shashi Prabha Pal and one unknown person.
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 according to prosecution version, deceased was having illicit relations with co-accused Shashi Prabha Pal and that applicant is mother of said co-accused Shashi Prabha Pal and she has nothing to do with their relationship and that there is no eye witness of alleged incident. Learned counsel has pointed out the statements of one Arjun Singh and Vandana Dixit and submitted that statement of said Arjun Singh is hearsay, whereas witness Vandana Dixit has merely alleged that after incident, she has reached at the spot and applicant was standing on ground floor, whereas on upper story deceased was found dead and co- accused Gudiya @ Shashi Prabha Pal was sitting there. Learned counsel has submitted that cause of death of deceased has been shown ante-mortem strangulation and except that no injury has been shown on the body of deceased. It has further been argued that the applicant is a lady and she has been falsely implicated in this case merely because she is mother of co-accused Shashi Prabha Pal and that she is in judicial custody since 06.06.2021, 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 Vimla Devi 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 :- 16.8.2021 Anand