A single judge court granted bail to the accused applicants Nitu Kumari and Soni Devi in a case involving prosecution under the Indian Penal Code by passing conditions.
Released on bail by furnishing personal bond and two reliable sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41105 of 2020
Applicant :- Nitu Kumari @ Nitu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tiwari Abhishek Rajesh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant(s), Nitu Kumari @ Nitu and Soni Devi, who are involved in Case Crime No.96 of 2020, under Sections 147,148,304, 323, 504, 506 and 34 I.P.C. P.S.Puramufti, District- Kaushambi.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case.
It is further submitted that no specif role has been assigned to the applicants. There are cross FIRs have been lodged against both the parties and there were four injuries (one fatal injury) on the body of the deceased as per the first information report, which is not apparent, who is the author of the injury caused to the deceased.
It is also submitted that the co-accused Ramdas having identical role has already been granted bail by another Bench of this Court vide order dated 06.10.2020 passed in Criminal Misc. Bail Application No.28398 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 01.10.2020.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Nitu Kumari @ Nitu and Soni Devi, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court
concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 24.11.2020
Asha
1 issue framed by the court
Whether the applicant is a fit case for release on bail.
1 provisions across 1 enactments
Nitu Kumari @ Nitu
Soni Devi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
