Phulmati v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2209 of 2019

Applicant :- Phulmati Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Mayank Mishra, brief holder for the State and perused the record.

According to prosecution case, F.I.R. was lodged against nine accused persons, namely Mintoo Giri, Bittu Giri, Hridyanand Giri, Shatrughan Giri, Virendra Giri, Indu Devi, Nisha, Fulmati, Harindra alleging that on 8.9.2018 they assaulted Pintu Giri, Neelam, Fula, Guddi, Chandrabhan with sharp edged weapon and iron rod. Pintu received one head injury, resultantly died. Injuries received by the injured are not dangerous to life.

It is submitted by learned counsel for the applicant that the applicant is lady. Co-accused namely Indu Devi has already been granted bail by this Court vide order dated 9.1.2019 in Criminal Misc. Bail Application No. 1129 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injury due to which he died. There is no independent witness and no legal evidence against the applicant. Injuries received by the injured are simple in nature. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 11.9.2018 (more than four 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.