Meenu Tyagi v. State of U.P.
Case brief
What is this about?
This judgment rejects the third bail application of Ms. Meenu Tyagi, a woman accused in a murder case, due to her extensive criminal history, prior conviction in a murder case, and the heinous nature of the charges. While acknowledging her gender, the court found the bail prayer untenable. The court directed faster trial proceedings under Section 309 Cr.P.C.
What did the court decide?
Bail application rejected; directions issued to decide case expeditiously under Section 309 Cr.P.C.
What the court decided
1
RESERVED
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26101 of 2018
Applicant :- Meenu Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A.,Jai Prakash Singh
Hon'ble Vipin Sinha,J.
Heard Sri Rajesh Singh, learned counsel for the applicant, Sri Jai Prakash Singh, learned counsel for the complainant and Yogeshwar Rai, learned A. G. A. for the State.
The present third bail application has been filed by the applicant in Case Crime No. 780 of 2011, under Sections 147, 307, 302, 34, 427, 120B IPC, Police Station Kotwali City, District Muzaffar Nagar with the prayer to enlarge the applicant on bail. First two bail applications of the applicant have been rejected by this Court vide orders dated 5.10.2013 and 4.4.2017.
The present third bail application is being pressed on the ground that the applicant is a woman and she is in jail since 19.8.2011 and that most of the co-accused have been granted bail by different Benches of this Court. Reference has been made to the orders passed in the matters of co-accused, namely, Vidit, Mohit, Pramod, Dharmendra, Ravindra, Upendra, Boby @ Vineet Sharma and Smt. Mamta, with whom parity has been claimed. It has been informed that other co-accused also had a criminal history of few cases. It has very fairly been informed that the applicant has already been convicted in a case under Section 302 IPC, but reliance in this regard has been placed upon proviso to section 437 of the Code of Criminal Procedure which says that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm.
Issues for consideration
3 issues framed by the court
Whether bail can be granted to a woman applicant with a long criminal history and prior conviction in a murder case considering the heinous nature of the allegations and threat to witnesses.
Whether the applicant can claim parity with other co-accused despite her substantial criminal antecedents and role as a habitual offender.
Whether the trial court expedited the trial under Section 309 Cr.P.C. to mitigate the punishment for delay while keeping the applicant in custody.
Parties & counsel
- applicant
Meenu Tyagi
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/26101/2018
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