High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23717 of 2022 Applicant :- Smt. Palvindar Kaur Alias Kulvindar Kaur Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey,Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar,Ved Mani Sharma Hon'ble Ajai Kumar Srivastava-I,J. Rejoinder afÏdavit filed by learned counsel for the applicant today, is taken on record. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for State and Sri Rajeev Kumar Singh Parmar, learned counsel for the complainant. The instant application for bail has been moved on
Legal Reasoning
behalf of the applicant Smt. Palvindar Kaur Alias Kulvindar Kaur with the prayer to enlarge her on bail in Case Crime No.809 of 2021 under Sections 302 and 323 I.P.C. Police Station Banda , District Shahjahanpur, during pendency of trial. It is submitted by learned counsel for the applicant that the present applicant is innocent against whom a false first information report came to be lodged by the first informant due to some ulterior reasons. His further submission is that in the first information report, specific role of inflicting injuries by spear (bhala) has been assigned to co-accused, Nirmal Singh. The cause of death, according to postmortem report annexed as Annexure No.3 to the instant bail application, is reported to be shock and hemorrhage due to antemortem injury. The present applicant has not been assigned any role of inflicting injuries by any weapon of assault. Therefore, her role is distinguishable from the co- accused who is stated to have given a blow from spear (bhala). The present applicant is a woman who is languishing in jail since 22.12.2021 and who has no previous criminal history. He has also drawn attention of this Court to the fact that the identically placed co-accused Munendra Pal Singh @ Monu has been granted bail by co-ordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.51159 of 2022. His further submission is that in case, the applicant is enlarged on bail, she will not misuse the liberty of bail and she will also fully cooperate with the trial Court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State and learned counsel for the complainant have vehemently opposed the prayer for grant of bail by submitting that the present applicant is named in the first information report. In the alleged incident, the deceased, who was assaulted by co-accused Nirmal Singh by a Bhala, has succumbed to his injuries. Therefore, the present applicant is not entitled to be enlarged on bail. However, they have fairly submitted that in the first information report, there is nothing to suggest that the present applicant has assaulted the deceased in any manner. They have also admitted the fact that the present applicant has not been assigned any such weapon of assault which might cause stab injuries to the deceased and the fact that the identically placed co-accused Munendra Pal Singh @ Monu has been granted bail by co-ordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.51159 of 2022. Having heard the learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and upon perusal of record, it transpires that in the first information report, specific role of inflicting injuries by spear (bhala) has been assigned to co-accused, Nirmal Singh. The cause of death, according to postmortem report, is shock and hemorrhage due to antemortem injury. The present applicant has not been assigned any role of inflicting injuries by any weapon of assault which might cause stab injuries. The identically placed co-accused Munendra Pal Singh @ Monu has been granted bail by co-ordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.51159 of 2022. The present applicant is a woman who is languishing in jail since 22.12.2021 without having any previous criminal history. The case of the present applicant is distinguishable from the co-accused, Nirmal Singh who is stated to have given fatal blow to the deceased. Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicant Smt. Palvindar Kaur Alias Kulvindar Kaur be released on bail in the aforesaid case on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. 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 them from disclosing such facts to the Court or to any police ofÏcer; 5. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail. (Ajai Kumar Srivastava-I, J.) Order Date :- 23.1.2023 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad