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Allahabad HC grants bail to woman accused in Aligarh spurious liquor death case

The Allahabad High Court recently granted conditional bail to Renu Sharma, an accused in the case of death due to spurious liquor in Aligarh.

A single-judge bench of Justice Raj Beer Singh passed this order while hearing a petition filed by Renu Sharma. It has been argued by the counsel for the applicant that she is innocent and has been falsely implicated.

The counsel submitted that the applicant is not named in the FIR and that her name surfaced in the confessional statement of co-accused Kapil and that mere allegation against the applicant is that she is used to cooperate in illegal business of spurious liquor. No specific role has been attributed to the applicant in preparation or selling of illicit liquor, which resulted in the death of the deceased.

Counsel for the applicant further submitted that the statement of co-accused cannot be considered against the applicant and that there is no evidence against the applicant to indicate her involvement in the alleged incident.

Counsel for the applicant also submitted that the applicant is a woman and is suffering from several ailments including nephritic, cardiac, neurological and diabetes mellitus. The counsel referred to the medical report of the applicant, which has been annexed to the affidavit filed in support of the bail application.

Counsel for the applicant said that the only role attributed to applicant is of cooperating with co- accused persons and that she is now languishing in jail since May 29, 2021 having no criminal history and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the aforesaid facts.

“Considering the submissions of counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out,” the Court observed while allowing the bail application.

The Court ordered that, let the applicant – Renu Sharma, involved in Case under Sections 304, 272, 273, 420, 467, 468, 471 of IPC & Section 60(A) Excise Act, Police Station Jawan, District Aligarh, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant shall not tamper with the evidence during the trial.

2. The applicant shall not pressurize/ intimidate the prosecution witness.

3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

5. 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 officer or tamper with the evidence.

The Court said that in case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

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