Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44841

of 2020

Applicant :- Smt. Ruby

Opposite Party :- State of U.P.

Counsel for Applicant :- Nikhil Kumar,Vijay Shankar Yadav

Counsel for Opposite Party :- G.A.,Abhishek Tiwari,Mayank

Yadav,Vivek Kumar Singh

Hon'ble Dinesh Kumar Singh-I,J.

Counter-Affidavit has been filed by learned A.G.A. and the

same is taken on record.

Heard Sri Vijay Shankar Yadav, learned counsel for the

applicant, Sri Abhishek Tiwari, learned counsel for the

informant and Sri I.S. Yadav, learned A.G.A. for the State.

This Bail Application (under Section 439 Cr.P.C.) has been

moved for seeking bail in Case Crime No. 668 of 2020 under

Sections 147, 148, 149, 302, 120-B and 34 I.P.C., P.S.

Modinagar, District Ghaziabad.

As per F.I.R. which has been lodged by Jitendra Kumar, on

24.08.2020 at about 19:20 hours, his son, Akshay Kumar

(deceased) was called by co-accused, Ashwani from home and

was talking to him in the adjoining lane and, thereafter one I-10

Car came there in which there were other co-accused persons

present i.e. Vikas, Sappu Gujar, Amit and Aditya. All these

accused in prosecution of their common object to kill the

deceased, had opened fire upon him whereby he died and his

dead-body was kept in mortuary. It was further mentioned in

F.I.R. that he has full belief that this occurrence was given

effect to by the accused with the assistance of co-accused, Dr.

Devendra, Shivach and Ashish (husband of the pradhan). In

post-mortem report, deceased is found to have sustained as

many as 12 fire-arm wounds by which he died. Cause of

deceased is found to be shock and hemorrhage due to ante-

mortem injuries.

It has been argued on behalf of the learned counsel for the

accused applicant that accused applicant has been falsely

implicated in this case; there is no evidence collected by I.O.

against the applicant. She is innocent. He has drawn attention of

the Court towards the confessional statement of co-accused,

Ashwani which has been annexed by him with Supplementary-

Affidavit, copy of which has been made available today as copy

filed before was not restored by office and the same is taken on

record in which he has stated that one Dipendra was murdered

one year ago and because of that murder, Vikas (husband of the

applicant) wanted to avenge killing of his brother-in-law and at

that time, Akshay (deceased) was in jail. Vikas was waiting for

Akshay to come out of jail and the talks were held between him

and deceased and when deceased came out of jail, they had

made a plan to eliminate the deceased for which he had

contacted Anurag Tyagi, then he talked to Amit Tyagi (co-

accused). Both, Vikas and Anurag Tyagi went to meet Amit

Tyagi to Moradnagar. Amit Tyagi told that it is a big

opportunity and money and other people would be required for

this work and shooters would have to be engaged whom Anurag

Tyagi knows, right then, Anurag had called shooters, Ankit and

Golu on phone and thereafter he had gone to meet them in Bapu

Dham Colony. They had also told that money should also be

brought along and thereafter they all returned home from

Moradnagar. Prior to the occurrence, Vikas had arranged Rs.

5,00,000/-. Some days prior to that, although he does not

recollect the exact date, Vikas, his wife, Ruby (applicant), Smt.

Aruna, Sappu Gujar, Ankush, Deepak and Honey Tyagi and

they all had made planning to eliminate the deceased.

Submission is that it is only the statement of Ashwani in which

name of applicant has come as one of the conspirators but what

conspiracy has been made, the same has not been exactly given.

There is no recovery of any incriminating article made from the

possession of applicant or at his pointing out nor is there any

motive. He is in jail since 8.09.2020; if the accused is released

on bail, he will not misuse the liberty of bail.

Learned counsel for the informant and learned A.