The Single Judge allowed the bail application of Smt. Sadhana Singh, accused in a murder and attempt to murder case, holding that a case for bail is made out without commenting on the merits of the accusations.
Applicant released on personal bond and two sureties upon deposit of like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38908 of 2021
Applicant :- Smt. Sadhana Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.,Islam Ahmad
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Smt. Sadhana Singh, in Case Crime No. 0025 of 2017, under Sections 302, 201 IPC, Police Station-Madhogarh, District-Jalaun.
Learned counsel for the applicant argued that the accusedapplicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 01.06.2021; she is of no criminal antecedent except one case explained in affidavit, she is on bail in above case and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. A dead body was recovered for which village Pradhan representative had given information to police; it was got examined under the inquest proceeding followed by autopsy examination; it was a homicidal case, hence got registered against unknown; statement of those, who had identified dead body, was got recorded; name of applicant was not there; subsequently, in the subsequent statement of informant, it came that deceased used to have talk with some unknown lady namely Sadhana; her whereabouts were not known to him; subsequently, in the confessional statement of mother of applicant, it was said that applicant was under illicit relation with deceased and was protested by husband of applicant, which resulted this conspiracy of murder; no such statement was given by mother of applicant nor applicant is of any concern with above occurrence; the alleged recovery though planted, is from coaccused Raju; applicant being lady is languishing in jail since 01.06.2021; nothing incriminating evidence against her. Hence, bail has been prayed for.
Learned AGA and counsel for the informant has vehemently opposed, but could not oppose this fact that except statement of mother of applicant, no incriminating evidence against the applicant is there and statement of mother of applicant is a form of conspiracy.
Having heard and gone through materials placed on record,
considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Smt. Sadhana Singh , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 16.12.2021 Dhirendra/
1 issue framed by the court
Whether bail should be granted to the applicant in a murder and attempt to murder case.
Smt. Sadhana Singh
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
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