Allahabad High Court
Smt. Soni vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5314 of 2019
Applicant :- Smt. Soni
Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Raj Singh,Sachin Kumar Sharma
Counsel for Opposite Party :- G.A.,Bharat Singh
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Raj Kumar Khanna, learned counsel for the applicant, Sri Bharat Singh, learned counsel for the complainant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Dilip Thakur and Soni alleging that due to illicit relation between Soni and Dilip Thakur on 14.9.2018 at 16:30 hours co-accused Dilip Thakur had shot fire on the husband of the applicant and applicant bit to Umesh Mali on his shoulder.
Learned counsel for the applicant submitted that applicant is a lady and languishing in jail since 15.9.2018 (about ten months) having no criminal history. She has been falsely implicated in this case. Specif role of shot fire has been assigned to co-accused Dilip Thakur and country made pistol and one bullet used in the crime were also recovered at the pointing out of co-accused Dilip Thakur. The case of the applicant is distinguishable from the case of co-accused Dilip Thakur. In one way, the applicant had lost her husband and on other she is languishing in jail since long. She is named in the F.I.R. on the basis of suspicion only. There is no evidence on record about illicit relation between the applicant and co-accused Dilip Thakur. There is no independent witness against the applicant in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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 the applicant Smt. Soni involved in Case Crime No. 504 of 2018, under Section 302/324 IPC, Police Station-Chandausi, District-Sambhal 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 8.7.2019
OP
