Court allowed the bail application of Smt. Ranviri Devi under sections 147, 148, 149, 307, 302, 34 IPC. Court considered her innocence, lack of criminal history, and length of custody as relevant factors.
Applicant released on bail with personal bond and two sureties subject to standard conditions of not tampering with evidence or fleeing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14140 of 2019
Applicant :- Smt. Ranviri Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Gaur,Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Dr. Rajesh Tripathi, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Arvind Kumar, Lokendra Kumar Seth, Yatendra Kumar Seth, Sunita, Bhagwan Singh and Ranviri Devi alleging that on 17.1.2019, Arvind Kumar (husband of Seema) shot fire at Deependra @ Krishna (nephew of Seema) by licensee gun of Bhagwan Singh, he received one gun shot injury, resultantly died.
It is submitted by learned counsel for the applicant that applicant is old lady. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except Arvind Kumar. Main role of firing was assigned to coaccused Arvind Kumar. The case of applicant is distinguishable from co-accused Arvind Kumar. Offences levelled against the applicant are not attracted in the present case. Family members of Seema assaulted Arvind Kumar and Arvind Kumar saved himself, this incident was done. There is no independent witness and no legal evidence against the applicant. She is languishing in jail since 18.1.2019 (more than two and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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 applicant Smt. Ranviri Devi involved in Case Crime No. 20 of 2019, under Sections 147, 148, 149, 307, 302, 34 IPC, Police Station Hathras Gate, District Hathras 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:
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 she is accused, or suspected, of the commission of which she 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 her 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 :- 5.4.2019
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
Smt. Ranviri Devi
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
