In a bail application under CrPC, the Court granted bail to the applicant, Shanti Devi, accused of culpable homicide and other offences. The applicant had been in custody since March 31, 2018, and the Court found it to be a fit case for bail.
Bail allowed on furnishing a personal bond and two sureties each in like amount subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18374 of 2018
Applicant :- Shanti Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Uttar Kumar Goswami Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama as well as supplementary affidavit filed today by Sri Rajesh Kumar Singh, Advocate on behalf of applicant are taken on record.
Vakalatnama filed today by Sri Alok Kumar Srivastava, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, an N.C.R. was lodged on 20.2.2018 by Mala Devi (deceased) against four accused persons namely Smt. Shanti Devi, Nikki Kumari, wife of Gopal and daughter of Gopal alleging that they beaten her, she received injuries, resultantly died on 21.2.2018. Subsequently, F.I.R. was lodged by Ravindra Gupta (husband of deceased) on 27.2.2018 (after seven days of incident) against four accused persons, namely Shanti Devi, Nikki Kumari, Anusuiya and Chanda Kumari alleging that on 20.2.2018 they assaulted Mala Devi with lathidanda, she received five injuries, one on abdomen, resultantly died. During investigation, it was found that two accused persons namely Gopal and Vipin were also indulged in this crime.
It is submitted by learned counsel for the applicant that applicant is lady. The applicant is innocent and has been falsely implicated due to previous enmity. According to statement of complainant Ravindra Gupta, main role was assigned to co-accused Gopal alleging that operation of abdomen of Mala Devi was conducted before one month, she received injury on her abdomen due to which she died. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 31.3.2018 (more than one and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shanti Devi involved in Case Crime No. 0019 of 2018, under Sections 304, 323, 504 IPC, Police Station Khampar, District Deoria be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.5.2018 A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant accused under Sections 304, 323, and 504 IPC.
Whether the period of custody and lack of criminal history warrant release on bail.
1 provisions across 1 enactments
Shanti Devi
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
