Allahabad High Court
Smt Vidhya Devi And Another vs State Of U.P. on 10 November, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29306 of 2020 Applicant :- Smt Vidhya Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mahadeo Singh Chandel Counsel for Opposite Party :- G.A.,Shiv Babu Dubey Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mahadeo Singh Chandel, learned counsel for the applicants and Sri B.A. Khan, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 83 of 2019 under Sections 302, 307, 147, 149, 504 I.P.C., Police Station Kotwali Nagar, District Banda, during the pendency of trial.
As per F.I.R., which has been lodged by Ram Moorat, when his father Dhanpat was at home on the date of occurrence then at about 10:00 am accused-applicant along with other co-accused named in the F.I.R. because of old animosity of land and property, had come and had assulted the complainant side in whch father of the informant lost his life. He was beaten up by all the accused and this occurrence was witnessed by informant's wife, daughter and mother namely Suman, Ragini and Rajkumari, respectively. They had also received injuries. In post-mortem report, one lacerated wound on the right finger and two contused swellings on the head are found to have been sustained by the deceased by which he died.
Submission made by the learned counsel for the applicants is that co-accused Devraj, who was main accused in this case has already been granted bail by the lower court as has been stated by him in paragraph no. 27 of the affidavit, while other co-accused Devansh has already been granted bail by this Court, bail order is annexed at page 106 to 108 of the affidavit, referring in the order that general role has been assigned to all and case of present accused-applicants is distinguishable from the case of the main accused Devraj who has shot dead the deceased. They are in jail since 22.6.2020. They have no criminal history. If released on bail, they will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer of bail and have argued that statements of three witnesses of fact have been recorded and all of them have supported the prosecution version.
In view of above arguments, looking to the fact that general role has been assigned to the accused-applicants and who had caused caused fatal injury upon the head of the deceased, has not been specified and further looking to the fact that main accused Devraj has already been granted bail, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicants Smt. Vindhya Devi and Bhagwandeen involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicants is placed before the Court, the same would be entertained.
Order Date :- 10.11.2020 A.P. Pandey