Allowed

Smt. Sunita v. State of U.P.

Allahabad HC12 Dec 2018BAIL/25371/2018

Case brief

AI extract

What is this about?

This judgment grants bail to Smt. Sunita, who was allegedly implicated in depriving the deceased of self. The court found the application fit for bail without expressing an opinion on merits, noting the lack of eye witnesses and the applicant's no-criminal-history.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties, subject to standard conditions including not tampering with evidence or witnesses.

Smt. Sunita Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25371 of 2018

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Applicant :- Smt. Sunita Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today by learned A.G.A. is taken on record.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 22.6.2018 against the applicant Sunita alleging that on 21.6.2018, she administered some medicine to Amukh (son) aged about 13 years of complainant, resultantly died on next day.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to dispute of drain. According to statement of Dr. Saurabh, he stated that mother of deceased came and asked for help saying that her son had consumed some medicine and during treatment died. After death, F.I.R. was lodged against applicant alleging that applicant administered medicine to deceased. This fact was not mentioned by mother of deceased before the doctor. F.I.R. was lodged only on the basis of suspicion. There is no legal evidence. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no eye witness account. There is no possibility to get this case decided in short period in future. She is languishing in jail since 22.6.2016 (near about two and half years) 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.

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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.

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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.

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Let applicant Smt. Sunita involved in S.T. No. 1180 of 2016 arising out of Case Crime No. 919 of 2016, under

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Sections 328 and 304 IPC, Police Station Sahibaba, District Ghaziabad 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:

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The applicant will not tamper with the evidence during the trial.

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

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

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 12.12.2018 A. Singh

Smt. Sunita v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Sunita v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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