HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 9516 of 2019
Applicant :- Kamla Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Surya Prakash Singh
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.373 of 2014 under Sections 323, Section326, Section504 and Section498A I.P.C, Police Station-Kotwali Bikapur, District-Faizabad, with the prayer to enlarge her on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 06.09.2019. It is further submitted on behalf of applicant that as per the prosecution case, Hans Raj Shukla poured the kerosene oil on the victim and ablazed her on fire. Learned counsel for the applicant has further submitted that no specific role has been assigned to the applicant except Hans Raj Shukla in the statement of the victim. Learned counsel for the applicant has further submitted that the co-accused Hans Raj Shukla has been granted bail by this Court, vide order dated 27.08.2015 in Criminal Misc. Bail Application No.5715 of 2015. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused ? have/has already been granted bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Kamla Devi- be released on bail in Case Crime No.373 of 2014 under Sections 323, Section326, Section504 and Section498A I.P.C, Police Station-Kotwali Bikapur, District-Faizabad, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.10.2019