Court granted bail to applicant Sugeshwari Devi in a murder case involving false implication allegations and death of a 65-year-old deceased.
Released on bail under Sections 302, 34, 201, 120-B IPC on personal bond and two sureties subject to specific conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48550 of 2018 Applicant :- Sugeshwari Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Priya Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated being Nani of deceased; that as per averments made in F.I.R. deceased was living at the house of his Mama Kaushal Singh and developed illicit relations with his cousin sister Kajal, daughter of another Mama Raj Kumar; that on account of above relationship between Prince deceased and Kajal, both of them were allegedly eliminated and body of deceased was hidden, which was recovered on 1.6.2018; that as per post mortem report cause of death was asphyxia as a result of throttling; that even if prosecution case is taken as correct for the sake of argument, applicant has not been assigned with any role of throttling and 65 years old applicant is not alleged to have participated in causing death of deceased; that co-accused Munna Yadav has been granted bail by this Court vide order dated 11.1.2019 passed in Criminal Misc. Bail Application No.48205 of 2018, copy of which has been produced for perusal and taken on record; that the applicant has no criminal history; that the applicant undertakes that she will not misuse the liberty of bail; that the applicant is in custody since 11.06.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sugeshwari Devi be released on bail in Case Crime No.33 of 2018, S.T. No.201 of 2018, under Sections 302,34, 201, 120-B IPC, P.S. Dubhar, District Ballia on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 24.1.2019 Tamang
Sugeshwari Devi
Harsh Kumar
As recorded by the court registry
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