Diya Devi v. State of U.P.
Case brief
What is this about?
The granting of bail to Diya Devi and Anarkali in Criminal Misc. Bail Applications No. 38562 and 49718 of 2019 at Court No. 68, Budaun. The one-judge bench allowed bail subject to conditions.
What did the court decide?
Applicants Diya Devi and Anarkali released on bail with personal bond and two sureties each.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38562 of 2019
Applicant :- Diya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Mohan Counsel for Opposite Party :- G.A.
WITH
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49718 of 2019
Applicant :- Anarkali Opposite Party :- State of U.P. Counsel for Applicant :- Ram Mohan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
These two bail applications of the applicants Diya Devi and Anarkali are being heard together and disposed of by a common order.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that the applicants are not named in the first information report. The F.I.R. was lodged against unknown. As per F.I.R. one miscreant was apprehended on the spot. During treatment he disclosed the name of Jatin and he also stated that he fired upon the deceased. In his statement, he disclosed only the name of Kallu. The name of applicant came into light in the confessional statement of coaccused Annu @ Sonu. Except the confessional statement of co-accused, there is no other cogent evidence against the applicants. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. There is no cogent evidence against the applicants to connect with the alleged offence. The applicants are ladies and they have been falsely implicated in this case. There is no criminal history of the applicants and they are in jail since 6.4.2019.
Issues for consideration
2 issues framed by the court
Whether the bail applications of Diya Devi and Anarkali are maintainable and fit for granting bail.
Whether the applicants satisfy the bail conditions under Sections 396 and 412 IPC.
Parties & counsel
- applicant
Diya Devi
- applicant
Anarkali
- respondent
State of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/38562/2019
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