Baijodevi vs State Of U.P.
2019 Latest Caselaw 5907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27207 of 2019
 

 
Applicant :- Baijodevi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Brijesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A. for the State and perused the record.

According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 24.6.2014 the dead body of Amarnath was found in the field. According to postmortem report, four incised wounds were found on the body of the deceased. During investigation, the names of Pawan, Bhura and Baijodevi were surfaced and it was found that there was illicit relation between the applicant (wife of the deceased) and Bhura hence they killed the deceased. Bloodstain knife was recovered at the pointing out of Bhura.

Learned counsel for the applicant submitted that applicant is a lady and languishing in jail since 26.6.2014 (five years) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. On one way she is languishing in jail and on other she lost her husband. Recovery was also shown at the pointing out of co-accused Bhura. The case of the applicant is distinguishable from the case of co-accused Bhura. There is no independent witness against the applicant and 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 Baijodevi involved in Case Crime No. 135 of 2014, under Section 302, 201, 120B IPC, Police Station-Saiyan, District-Agra 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 :- 9.7.2019

OP