Narendra Kumar Johari,J.

1. Counter affidavit filed on behalf of the State is taken on record.

2. Learned counsel for applicant submits that he has received copy of counter affidavit, although, he would not like to prefer rejoinder affidavit.

3. Heard Sri Ajey Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the record.

4. This bail application has been filed by the accused-applicant Sangeeta Soni, who is involved in Case Crime No.0176 of 2020 under Sections 147, 148. 302, 120-B/34 of I.P.C., Police Station Risia, District Bahraich.

5. Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the case. She is household married lady and not named in the F.I.R.. The occurrence is concerned with circumstantial evidence and nobody has seen the occurrence of assault on deceased. It has been shown that the applicant was in extra marital affair with deceased but there is no evidence regarding that. In F.I.R. five persons have been named for causing offence and in postmortem report eight injures have been found on the body of the deceased but who has inflicted the aforesaid injuries, it has not been stated. It has been alleged that applicant has called to deceased at her home but the telephone number as it has been shown in the investigation by the Investigating Officer is not proved that it belongs to applicant. No incriminating article has been recovered from the possession of applicant. Learned counsel further submitted that co-accused persons who are named in the F.I.R., Saroj Soni, Harikesh Soni, Tiwari Lal Soni, Baijnath Soni, Rajit Ram Soni and Ram Singh have already been released on bail by the co-ordinate Bench of this Court. Applicant is languishing in jail since 09.07.2020. If, the applicant is released on bail,she will not misuse the liberty of bail and will co-operate in the trial.

6. Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

7. Considering the submissions of learned counsel for the parties, facts and circumstances of the case, pairity, accusation and the nature of supporting evidence, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the court in support of the charges, without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail.

8. Let the accused/applicant Sangeeta Soni, is involved in Case Crime No.0176 of 2020 under Sections 147, 148. 302, 120- B/34 of I.P.C., Police Station Risia, District Bahraich, be released on bail subject to the following conditions.

(i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.

(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-

(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.

(b) he will not indulge in any criminal activities.

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iii). The applicant shall cooperate with investigation /trial.

(iv). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(vi). In case, the applicant misuses the liberty of bail during trial in order to secure her presence proclamation under section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

(vii). The applicant shall remain present, 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.