Court No.

- 45

Case :- CRIMINAL APPEAL No. - 6833 of 2019

Appellant :- Smt. Phoolshree @ Munni Devi

Respondent :- State of U.P.
Counsel for Appellant :- Prashant Sharma,Indra Kumar
Singh,Pankaj Sharma
Counsel for Respondent :- G.A.

Hon'ble B. Amit Sthalekar,J.

Hon'ble Shekhar Kumar Yadav,J.

Criminal Misc. Bail Application no.1 of 2019 is taken up.

Heard Sri Pankaj Sharma, learned counsel for the appellant and
learned AGA for the State on the bail application.

The allegation in the FIR lodged by the informant is that on

18.02.2004 the son of the informant, namely Vinay (the
deceased) alongwith Vijay Pal and Shyam Pal had gone to the
house of the appellant to recover the expenses incurred in the
use of Tractor for farming. It is alleged that the appellant-
Phoolshree alias Munni and Rinki- daughter of the appellant
caught hold of the deceased and the co-accused Gavendra- son
of the appellant fired upon the deceased resulting in his death
on the spot. Vijay Pal and Shyam Pal thereupon rushed to the
village and informed the informant. When the informant rushed
to the spot he found that the dead body of Vinay was lying in
the field. The post mortem report shows that there were 23
pellet injuries on the face, neck, shoulder, chest and hands of
the deceased.

The submission of the learned counsel for the appellant is that

the only role assigned to the appellant is of catching hold of the
deceased. He submits that the appellant is an old lady and it is
not possible for her to catch hold of the deceased during the
commission of crime. Lastly, it is submitted that the appellant is
in jail since 21.10.2019 and she was on bail during trial and has
not misused the liberty.

The learned AGA opposed the prayer for bail and submitted that
the incident had occurred in the house of the appellant and there
were blood stains on the ground in the verandah as well as on
the walls. He further submitted that the FIR version has been
supported by the P.W.2-Shyam Pal and his testimony is
consistent with the incident as referred in the FIR.

Considering the facts and circumstances of the case and rival

submission of the learned counsel for the parties, prima facie, in
our opinion, a case for grant of bail is made out.

Let the appellant Smt. Phoolshree @ Munni Devi convicted in

S.T. No. 644 of 2004 (State of U.P. Vs Gavendra Singh alias
Daini and another) arising out of Case Crime No.24 of 2004,
under Section 302/34 IPC, Police Station Jaithara, District Etah
be released on bail on executing a personal bond and furnishing
two adequate sureties each in the like amount to the satisfaction
of the court concerned.

The lower court record is available. Office is directed to prepare

the paper books within two months.

Learned counsel for the parties may collect the paper book
thereafter from the office within three days on payment of usual
charges.

List for hearing accordingly.

Order Date :- 19.10.2020

N Tiwari