Allowed

Sukhdevi v. State of U.P.

Allahabad HC26 Mar 2019BAIL/11792/2019

Case brief

AI extract

What is this about?

This bail application was filed by Sukhdevi, accused in an assault case involving death under Section 302 IPC. The Court, noting the bail of three co-accused on identical facts and the applicant's lack of criminal history, allowed the bail application while imposing standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties, subject to standard conditions against tampering and intimidation.

Sukhdevi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11792 of 2019

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Applicant :- Sukhdevi Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.), learned counsel appearing for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against nine accused persons, namely, Prempal, Sohan Lal, Amar Singh, Mohan Lal, Lakhan Singh, Munna Lal, Chhotey Lal, Sukhdevi and Sukhi alleging that on 11.6.2018 they assaulted Suresh with lathies, dandas, stones and bricks. He received only one injury that a punched wound on right side chest and died. Specific role of assault was assigned to co-accused Prempal.

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Learned counsel for the applicant submitted that coaccused-Munna Lal, Amar Singh and Mohan Lal have already been enlarged on bail by this Court vide order dated 5.12.2018 and 26.2.2019 in Criminal Misc. Bail Application Nos. 46181 of 2018 and 8384 of of 2019 and the case of the applicant is identical to the case of coaccused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is lady and languishing in jail since 3.7.2018 (more than eight and half months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; main role has been assigned to Prem Pal; general role has been assigned to all other co-accused; there is no independent witness and in case he is released on bail, he 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 the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused Munna Lal, Amar Singh and Mohan Lal who have been enlarged on bail.

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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 the applicant Sukhdevi involved in Case Crime No. 341 of 2018, under Section 302, 147, 148, 149, 336, 323, 504 IPC, Police Station-Soron, District-Kasganj 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 :- 26.3.2019 A. Singh

Sukhdevi v. State of U.P.

Case brief

What is this about?

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Sukhdevi v. State of U.P.

Case brief

What is this about?

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