Allowed

Smt. Omwati v. State of U.P.

Allahabad HC9 May 2019BAIL/18348/2019

Case brief

AI extract

What is this about?

The court granted bail to the female applicant in a criminal conspiracy and forgery case involving a registered will deed. The decision was based on her gender, the existence of an uncancelled deed in her favour, and instructions to appear regularly.

What did the court decide?

The applicant is released on bail upon execution of a personal bond and two reliable sureties, each in the like amount.

Smt. Omwati Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18348 of 2019

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Applicant :- Smt. Omwati Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais,Mashaluddin Shah Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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By means of this application the applicant Smt. Omwati has prayed to release her on bail in Case Crime No. 301 of 2017, u/s 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Linepar, District Firozabad.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant has argued that the applicant is innocent and she has been falsely implicated in this very case crime number upon report of Ambrish Kumar, President, All India Kayasth Association, Firozabad, with this contention that the deceased had executed an unregistered will deed in favour of Kayastha Mahasabha. Subsequently she was taken by Smt. Omwati under assistance and connivance of her sons Mukesh and Suman with one other Bhoora Baghel for her medication and was murdered by administration of spurious substance. This was not informed to the family members of deceased Smt. Ramshree Srivastava but her last rituals were done. Subsequently a forged registered will deed was got executed on 21.11.2014 whereas Smt. Ramshree Srivastava had died on 15.11.2014. Hence this report was lodged. But Smt. Ramshree Srivastava was being looked after by the accused-applicant under her old age ailed situation and she executed her last will by way of registered will deed in favour of accused-applicant and died during ailment and treatment. After four years this false case was got registered, but no case for cancellation of the will deed has been filed. The accused applicant being lady be enlarged on bail during trial.

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Learned AGA has vehemently opposed the bail application..

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Perusal of statement of the informant recorded u/s 161 Cr.P.C. reveals that Smt. Ramshree Srivastava was ailing and was not being looked after by the informant in whose favour an unregistered will deed was said to be executed by Smt. Ramshree and it was accused-applicant, who cared for her and above registered will deed was got executed. The alleged murder was not under personal knowledge of the informant,

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rather it was on the basis of hearsay. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, the applicant being registered will deed holder executed by Smt. Ramshree, yet not cancelled, the applicant being lady is languishing in jail, this court is of the view that the applicant may be enlarged on bail with certain conditions.

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Accordingly, the bail application is allowed .

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Let the applicant, Smt. Omwati, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

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Order Date :- 9.5.2019

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Pcl

Smt. Omwati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Omwati v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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