Allahabad High Court
Smt. Phoolmala @ Phoola Devi vs State Of U.P. on 9 February, 2021
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4988 of 2021 Applicant :- Smt. Phoolmala @ Phoola Devi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,Arun Kumar Sharma Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Smt. Phoolmala @ Phoola Devi with a prayer to enlarge her on bail in Case Crime No. 186 of 2020, under Sections 147, 302, 120B, 34 I.P.C., Police Station Naseerpur, District Firozabad.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that although the applicant has been named in the FIR but informant is not a fact witness and he has seen nothing and only on the basis of suspicion, she has been named in the FIR; she has been assigned the role of conspiracy by saying that she called the deceased in the pretext of returning his ornaments and the deceased was killed by the brother of the applicant. It is further submitted that the maximum role which has been assigned to the applicant is to that of conspiracy and is based on suspicion; the case is based on circumstantial evidence and the applicant is being wife, she is entitled to the benefit of the proviso to Section 437 Cr.P.C. It is further submitted that accused applicant has no criminal history and she is prepared to furnish sureties and bonds and there is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 06.08.2020 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant. Learned counsel for the informant has submitted that the applicant was in relation to one Arun Kumar and, therefore, she conspired and consequently this incident took place. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Considering the submission of both sides, the case is totally based on circumstantial evidence and there is no role assigned to the applicant and considered the fact that the applicant is a woman and she is entitled for benefit of Section 437 Cr.P.C., hence, without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.2.2021 Mini