This criminal bail application was allowed. The single Judge granted bail to the female applicant in a murder case citing her gender, lack of criminal history, and absence of direct evidence against her, releasing her on personal and surety bonds.
Applicant released on bail on furnishing a personal bond and two reliable sureties subject to conditions.
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Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16038 of 2019 Applicant :- Brahmcharini @ Somari Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Brahmcharini @ Somari in Case Crime No. 201 of 2018, under Section 302 I.P.C., Police StationAhirauli Bazar, District- Kushinagar with the prayer to enlarge her on bail.
Submission of the learned counsel for the applicant is that the applicant is a lady and she has been falsely implicated in the present case. In Para 12 of the affidavit, it is specifically stated that except confessional statement of the applicant before the police which is an inadmissible evidence and recovery of bamboo stick which too was not bloodstained, there is no direct or indirect evidence against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.8.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Brahmcharini @ Somari be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 6.11.2019/ Vikas
1 issue framed by the court
Whether the applicant entitled to bail in a case of Section 302 IPC where she claims false implication and lack of direct evidence.
1 provisions across 1 enactments
Brahmcharini @ Somari
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
