Moni Patel vs State Of U.P.
2019 Latest Caselaw 3589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17547 of 2019
 

 
Applicant :- Moni Patel
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ratan Kumar Mishra,P.K. Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Shiv Shankar Yadav, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 6 persons including the applicant. In FIR it has been mentioned that due to enmity of land the applicant and other co-accused have committed marpit with the deceased and took away him with them, thereafter, on 12.12.2018 the dead body of the deceased was recovered. It has further been submitted that applicant is a married lady. Her in laws are living at Delhi and she is residing at Delhi with her husband and she is a student of LL.B 5th semester. She is not the beneficiary of any agricultural land of her parents or brothers. The applicant has no concern with the alleged incident. The FIR of the alleged incident has been lodged against entire family members of the applicant. Nothing incriminating has been recovered from the possession of the applicant or on her pointing out. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 12.12.2018.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is named in the FIR. There was dispute of land in between co-accused Vinay Patel, Sonu Patel and the deceased. The applicant is the sister of co-accused Vijay Patel, Sonu Patel and Akanchha. The applicant and other co-accused have committed the murder of the deceased and Lathi and Danda used in the commission of the murder of the deceased, has been recovered from the house of applicant and other co-accused, therefore, the applicant is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Moni Patel involved in Case Crime No. 142 of 2018, under section 302, 201, 364 IPC, P.S. Jamalpur, District Mirzapur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 26.4.2019

Masarrat