Allahabad High Court
Smt. Phoolmati vs State Of U.P. on 23 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10839 of 2018
Applicant :- Smt. Phoolmati
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Saxena,Dr. C.P. Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of State, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged after two days of the alleged incident against seven accused persons, namely Antu, Suresh, Dinesh, Sonu, Rajjan, Smt. Phoolmati and Pushpendra alleging that on 1.12.2016 they assaulted Satendra and Urmila with lathi-danda and axe, they received injuries. Urmila was died resultantly. It has further been submitted that applicant is innocent and has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to the applicant. In postmortem report 4 injuries have been found on the body of the deceased and the cause of death of the deceased has been shown coma due to ante mortem head injury but it is not specified as to who is the author of this head injury. It has further been submitted that nothing incriminating has been recovered from the possession of the applicant or on her pointing out. It has further been submitted that co-accused Pushpendra having identical role has already been released on bail by another bench of this court vide order dated 12.3.2019 in Criminal Misc. Bail Application No. 10614 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. It has further been submitted that the other co-accused namely Sonu @ Akhilesh, Suresh @ Shiva, Rajjan and Anantram @ Antu have also been released on bail by another bench of this Court vide orders dated 12.6.2018, 13.8.2018 and 22.1.2019 respectively. The applicant has no criminal history and is in jail since 4.12.2015.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Pushpendra, Sonu @ Akhilesh, Suresh @ Shiva, Rajjan and Anantram @ Antu having identical role have already been released on 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 Smt. Phoolmati involved in Case Crime No. 267 of 2016, under section 147, 148, 308, 452, 323, 302 IPC, P.S. Kurara, District Hamirpur 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 :- 23.5.2019
Masarrat
