Allahabad High Court
Sangeeta @ Sangeeta Yadav vs State Of U.P. Thru. Addl. Chief Secy. ... on 7 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2640 of 2023 Applicant :- Sangeeta @ Sangeeta Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Prashant Vikram Singh,Bhanu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
Heard Sri Prasant Vikram Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 316 of 2021, under Sections 302, 201, 120-B I.P.C., registered at Police Station Kotwali Rudauli, District Ayodhya.
The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.07.2021, against two named accused persons, not including the applicant, and some other persons stating that the informant's son Sunil Kumar had gone missing and his scooter was found besides an agricultural field of his daughter in law and the dead body was found in a sugarcane field.
The informant had named the accused persons on the basis of suspicion. In his custodial statement, one of the named accused persons Pradeep Kumar Yadav stated that the victim has been killed on the abetment of the applicant and one Geeta Yadav.
It is submitted that the co-accused Pradeep Kumar Yadav on the basis of whose statement the applicant has been implicated has already been granted bail by this Court by means of an order dated 16.01.2023, passed in Criminal Misc. Bail Application No.7405 of 2022. The co-accused Geeta Yadav has also been enlarged on bail by this Court by means of an order passed on 29.03.2022, in Criminal Misc. Bail Application No.10604 of 2021. The other named co-accused person Mitrasen Yadav has also been granted bail vide order dated 04.01.2023, passed by this Court in Criminal Misc. Bail Application No.883 of 2022.
The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant was not named int the F.I.R. and her name came into light on the basis of a custodial statement of co-accused Pradeep Kumar Yadav; that the co-accused Pradeep Kumar Yadav has already been granted bail by this court, the co-accused Geeta who was implicated along with the applicant and the allegations against whom are similar to the allegations levelled against the applicant, has also been granted bail and the applicant is languishing in jail since 09.07.2021 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.
Accordingly, this bail application stands allowed.
Let the applicant-Sangeeta @ Sangeeta Yadav be released on bail in Case Crime No. 316 of 2021, under Sections 302, 201, 120-B I.P.C., registered at Police Station Kotwali Rudauli, District Ayodhya 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 shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi, J.) Order Date :- 7.4.2023 Ram.