Allahabad High Court
Shanti Devi vs State Of U.P. on 1 August, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 7353 of 2019
Applicant :- Shanti Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 44 of 2019, under Sections 323, 308, 304, 504 I.P.C, Police Station Malipur, District Ambedkar Nagar, with the prayer to enlarge her on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 03.03.2019. It is further submitted on behalf of applicant that on the written complaint of informant the FIR was lodged with the allegation that on 28th February, 2019 at about 7: 00 P.M. the deceased was beaten by applicant with the association of her family members due to enmity and the deceased received injuries. Learned counsel for the applicant further submitted that applicant was not an eye witness merely on the basis of suspicion the applicant was implicated as she has not seen incident and the incident was taken on 28th February, 2019 and the FIR was lodged at 4:30 P.M. and he further submitted that the statement of informant was recorded under Section 161 Cr.P.C., in which she narrated the version as given in the FIR, in the statement he stated that in the night of 28th February, 2019 his brother could not found and on the next date he was found unconscious, therefore, he was brought to hospital for medical treatment and the FIR was lodged. On 9th March, 2019 the statement of Ram Sanware and Prahlad was recorded in which they stated that the applicant exhorted the deceased and he was beaten by lathi, danda, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. objected the bail application and he submitted that the statement of Vikram also recorded who is alleged to be injured and he stated that the Shanti Devi (applicant) stopped him and started beating.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Shanti Devi be released on bail in Case Crime No. Case Crime No. 44 of 2019, under Sections 323, 308, 304, 504 I.P.C, Police Station Malipur, District Ambedkar Nagar, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.8.2019
Israr
