Meena vs State Of U.P.
2019 Latest Caselaw 3982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18620 of 2019
 

 
Applicant :- Meena
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anand Prakash Srivastava,Sugendra Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is wife of the deceased. She has falsely been implicated in the present case only on the basis of suspicion. Sooraj is the son of applicant who is said to be eye witness of the alleged incident. In his statement it has come that co-accused Bheem was living at the house of applicant. The deceased was opposing and the applicant was favouring Bheem. In the night of alleged incident the applicant caught hold the leg of the deceased and co-accused Bheem pressed the neck of the deceased with rope and co-accused Virendra and Pankaj were catching hold the hands of the deceased. It has further been submitted that only the role of catching hold to the deceased has been assigned to the applicant. In fact, the applicant has not committed the alleged offence. There was no dispute in between the applicant and deceased. Nothing incriminating has been recovered from the possession of the applicant or on her pointing out. The applicant had not caused any injury to the deceased. The case of the applicant is distinguishable from the case of co-accused Bheem. The applicant is a lady. She has no criminal history and is in jail since 25.6.2018.

Per contra; learned A.G.A. has opposed the prayer 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 Meena involved in Case Crime No. 193 of 2018, under section 302/34 IPC, P.S. Khajani, District Gorakhpur 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 :- 2.5.2019

Masarrat