Ram Sakhi v. State of U.P.
Case brief
What is this about?
The single judge allowed a bail application filed by Ram Sakhi, a lady accused in the murder of her husband, granting bail subject to standard conditions despite the gravity of the charge.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties; standard conditions imposed regarding trial attendance and tampering with evidence.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12271 of 2019
Applicant :- Ram Sakhi Opposite Party :- State Of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, on the basis of application u/s 156(3) Cr.P.C., F.I.R. was lodged on 22.5.2018 (after five and half months of incident) against four accused persons, namely Smt. Ramsakhi, Sanjeev, Abhishek and Roshni alleging that on 9.12.2017 they killed Madan Mohan @ Billu.
It is submitted by learned counsel for the applicant that coaccused Sanjeev has already been granted bail by trial court. The applicant is lady and wife of deceased. The applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after five and half months of incident after thought and due legal consultation. Deceased has committed suicide himself on railway track. G.R.P. has given information to family members of deceased. On one hand, she lost her husband and on another hand she is languishing in jail. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 26.12.2018 (near about three 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.
Issues for consideration
1 issue framed by the court
Whether the applicant, a wife accused in a murder case, deserves bail in light of lack of independent evidence and no criminal history.
Parties & counsel
- applicant
Ram Sakhi
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/12271/2019
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