Allowed

Mausam v. State of U.P.

Allahabad HC16 Jan 2019BAIL/22196/2018

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 323, 304 IPC regarding death caused by assault, the Single Judge allowed bail to the female applicant. The Court held it was a fit case for bail noting no independent witnesses, no legal evidence against her, her co-accused already granted bail, and no possibility of a short trial. Bail was granted subject to standard conditions including furnishing bo

What did the court decide?

Bail allowed on grant of bond from the applicant and two sureties subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the court.

Mausam 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. - 22196 of 2018

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Applicant :- Mausam Opposite Party :- State Of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari,Mohd. Monis

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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, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against two accused persons, namely Mausam and Komal alleging that on 2.12.2017 they assaulted Upendra @ Phool, he received two injuries on head, resultantly died.

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It is submitted by learned counsel for the applicant that the applicant is the lady. Co-accused namely Smt. Komal has already been granted bail by this Court vide order dated 7.1.2019 in Criminal Misc. Bail Application No. 11972 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. An affidavit has been filed by wife of deceased stating therein that he fallen from the ladder, he received injuries and died. There is no possibility to get this case decided in short period in future. She is languishing in jail since 8.12.2017 (more than one year and one month), 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 Mausam involved in Case Crime No. 740 of 2017, under Sections 323, 304 IPC, Police Station Shahpur, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to

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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 :- 16.1.2019

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A. Singh

Mausam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mausam v. State of U.P.

Case brief

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