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Gudiya vs State Of U.P. on 6 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- BAIL No. – 8310 of 2019

Applicant :- Gudiya

Opposite Party :- State of U.P.

Counsel for Applicant :- Anil Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Surendra Singh, learned A.G.A. for the State and perused the record.

According to prosecution case, F.I.R. was lodged on 2.2.2019 (after eighteen days of the incident) against five accused persons, namely, Vipin, Ajoddhi, Radha, Shrawan and Gudiya alleging that on 14.1.2019 Ramshree, daughter of the complainant, was married with Vipin before five years of the incident. For demand of motorcycle they killed her by throwing kerosene oil and setting her on fire. She died on 30.1.2019. Two dying declarations of the deceased were recorded. One before the Tehsildar and second before the Doctor and deceased stated that applicant had thrown kerosene oil and Shrawan (Devar) set her on fire from wood (Chaila).

Learned counsel for the applicant submitted that applicant is a lady and has been falsely implicated in the present case and is languishing in jail since 23.2.2019 (nine months) having two children 5 and 2 years of age having no criminal history. Due to heavy workload in the trial court, there is no possibility to get this case decided in near future. She is not beneficiary of the so called demand of motorcycle. Due to some annoyed, deceased stated against the applicant in dying declarations. Even though main role is setting fire on deceased is assigned to co-accused-Shrawan. The case of the applicant is distinguishable from the case of co-accused-Shrawan. Delay in lodging the F.I.R. has not been properly explained. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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 the applicant Gudiya involved in Case Crime No. 53 of 2019, under Section 498A, Section304-B and Section302 IPC and Section 3/4 of D.P. Act, Police Station-Tandiyawan, District- Hardoi 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:

1. The applicant will not tamper with the evidence during the trial.

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 he is accused, or suspected, of the commission of which he 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 him 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 :- 6.12.2019

OP

 

 

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