Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40137 of 2019 Applicant :- Vimlesh Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Yadvendra Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Jitendra (son of deceased), Vimlesh Devi, Ovindar and Jitendra s/o Ganga Singh alleging that on 14.1.2019 at 9.30 a.m. Jitendra (son of deceased) shot fire at Satyaveer Singh on his mouth, he received one gunshot injury, resultantly died. According to postmortem report, ten pellets were found on the body of deceased. Countrymade pistol used in the crime was recovered at the pointing out of accused Jitendra (son of deceased).
It is submitted by learned counsel for the applicant that applicant is lady and daughter-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except Jitendra (son of deceased). Main role of firing was assigned to co-accused Jitendra and countrymade pistol used in the crime was also recovered at the pointing out of co-accused Jitendra. Main role of firing was assigned to co-accused Jitendra. The case of applicant is distinguishable from co-accused Jitendra. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 9.6.2019 (more than three and half months) 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 counsel for the complainant opposed the prayer for bail.
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 applicant Vimlesh Devi involved in Case Crime No. 20 of 2019, under Section 302 IPC, Police Station Jalesar, 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 :- 27.9.2019 A. Singh