In Criminal Misc. Bail Application No. 44037 of 2018, the court released the applicant Maya Devi on bail in a murder case. The applicant was to furnish a personal bond and two local sureties and adhere to strict conditions regarding attendance and non-interference with witnesses.
Released on bail upon furnishing a personal bond and two local sureties.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44037 of 2018
Applicant :- Maya Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is no direct evidence against the applicant. Nothing incriminating has been recovered either from the possession of the applicant or at her pointing out. The F.I.R. was lodged belatedly. The only evidence against the applicant is of last seen. It is next submitted that similarly placed co-accused Dharmendra and Sonu have been granted bail by another Bench of this Court vide orders dated 10.9.2018 aand 11.9.2018 passed in Criminal Misc. Bail Application Nos. 34179 of 2018 and 34353 of 2018 respectively, therefore, the applicant is also entitled to be released on bail. It is also submitted that there is criminal history of one case of the applicant which has been explained in paragraph 17 of the affidavit filed in support of bail application, in which she has been granted bail. She is languishing in jail since 21.5.2018 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. has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Maya Devi involved in Case Crime No.113 of 2018, under Sections 302, 201, 147/34 I.P.C., Police Station Fatehganj (East), District Bareilly, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him in accordance with law.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 10.12.2018 Rmk.
1 issue framed by the court
Whether the applicant Maya Devi is eligible to be released on bail on furnishing a personal bond and two local sureties.
Maya Devi
Neeraj Tiwari
As recorded by the court registry
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