Allahabad High Court
Kumari Moni Sharma vs State Of U.P. on 20 May, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 5100 of 2021
Applicant :- Kumari Moni Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Jaikaran
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out through video conferencing.
Learned counsel Sri Jaikaran, Advocate appears through video conferencing in virtual hearing on behalf of bail-applicant.
Learned A.G.A. Sri Abhay Kumar, Advocate on behalf of State also appears through video conferencing in virtual hearing of the case. As he has received the instructions in the matter, he is ready to argue the case on the basis of case dairy and other relevant materials available with him.
The present bail application is filed on behalf of the accused-applicant- Kumari Moni Sharma, who is involved in Case Crime No.103/2019, under Sections 147, 149, 323, 302, 308, 504, 506 of I.P.C., registered at Police Station- Baghray, District- Pratapgarh.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned District and Sessions Judge, Pratapgarh vide order dated 6.5.2021.
On perusal of the First Information Report, learned counsel for the bail-applicant submitted that there is general role against all the accused persons who are 9 in number, even no specific arms are assigned to anyone of the 9 accused persons including the present accused-applicant. The statement recorded by the Investigating Officer in the course of investigation has also not assigned any specific injury to have been caused by inflicting the blow of any particular weapon held by any particular accused. The injuries to the injured in the incident are shown but the injuries to the deceased are shown as simple in nature. The deceased was subjected to post-mortem examination wherein one injury on the head is found causing coma, resulting into death by ante-mortem head injury. The accused-applicant is involved in the case under Section 147 I.P.C. alongwith other offences, even Section 302 I.P.C.
Learned counsel for the accused-applicant further submitted that the co-accused persons, who were equally circumstanced and involved in the case, namely, Smt. Meera Devi and Narendra Kumar Sharma, Subalal and Virendra Sharma have already been granted bail by Co-ordinate Benches of this Court vide orders dated 03.02.2021, 22.03.2021, 25.3.2021 and 25.3.2021 passed in Bail Nos. 7154 of 2020, 3469 of 2021, 3808 of 2021 and 2746 of 2021 respectively (annexed as Annexure no.6).
Learned counsel for the bail-applicant sought release of the present accused-applicant on the ground of parity. Learned counsel further submitted that the present accused-applicant is a local resident of the area, a common woman, has no criminal antecedent and willing to participate in the trial, as such should be released.
Learned A.G.A. submitted that he has received instructions and on the basis whereof he has reason to show involvement of the present accused-applicant alongwith other co-accused persons in the offence under Section 147 I.P.C. as they were armed and beaten jointly the deceased and other victims, wherein the death occasioned and the accused-applicant being arraigned under Section 147 I.P.C., none of the accused including the present accused can claim innocence in the matter. Learned A.G.A. has, however, not denied that the present accused-applicant has no any criminal antecedent except present one.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties, without making any comment on merit as to the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment, I find it to be a fit case for granting bail.
Let applicant (Kumari Moni Sharma), involved in Case Crime No.103/2019, under Sections 147, 149, 323, 302, 308, 504, 506 of I.P.C., registered at Police Station- Baghray, District- Pratapgarh be released on bail on her furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
Order Date :- 20.5.2021
Gaurav/-
