Allowed

Gudia v. State of U.P.

Allahabad HC13 Dec 2019BAIL/41890/2019

Case brief

AI extract

What is this about?

In a bail application filed by Gudian a female accused in a murder case under Section 304 IPC regarding death by burning, the High Court, after perusing medical and witness statements suggesting a suicide prompted by domestic dispute, held that a prima facie case for bail was made out and granted bail.

What did the court decide?

Accused Gudia released on bail on furnishing a personal bond and two sureties each with conditions not to tamper with evidence or intimidate witnesses.

Gudia Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 84

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41890 of 2019

¶3

Applicant :- Gudia Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Upadhyay,Ali Hasan,Ashok Kumar Singh,Istiyaq Ali Counsel for Opposite Party :- G.A.

¶4

Hon'ble Raj Beer Singh,J.

¶5

Heard Sri Ishtiyaq Ali, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The present bail application has been filed by the applicant in Case Crime No. 128 of 2018, under Sections 304 I.P.C., Police Station Sarpataha, District Jaunpur with the prayer to enlarge the applicant on bail.

¶7

It has been argued by the learned counsel for the applicant that applicant is innocent and she has been falsely implicated in this case. There is long and undue delay in lodging the FIR, as the alleged incident was shown of 05.12.2017 but FIR was registered on 11.07.2018 in pursuance of the order passed under Section 156(3) Cr. P.C. It was stated that witness Satish Kumar and Krishna Kumar are neighbours of the deceased and they have witnessed the alleged incident but both these witnesses have stated that deceased was having two wives and they often used to engage in hot- talking and that on 05.12.2017 at 9.00 P.M., some altercation has taken place between wives of deceased and due to that deceased lost his mental balance and put himself on fire by pouring kerosene. It was further pointed out that witness Shiv Baran is uncle of deceased but he has also made similar statement that due

¶8

to altercation between his wives, deceased has put himself on fire. It was further argued that even as per the alleged dying declaration of the deceased, it was stated by the deceased that applicant has thrown gallon of kerosene at him and there are no allegation that applicant has put him on fire. It was further submitted that applicant is lady and she is languishing in jail since 16.08.2019 and in case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

¶9

Learned A.G.A. has opposed the prayer for bail and argued that in his dying declaration, deceased has made allegation that applicant has thrown kerosene over him and thereafter, deceased has sustained fire. It was submitted that there are serious allegations against the applicant.

¶10

Keeping in view the submissions of learned counsel for the parties, nature of evidence against the applicant and above referred statements of alleged witnesses namely, Satish Kumar, Krishna Kumar and Sheo Baran, and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail is made out.

¶11

Let applicant Gudia involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

¶12

The applicant will not tamper with the evidence during the trial.

¶13

2.The applicant will not pressurize/ intimidate the prosecution witness.

¶14

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

4.The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

¶16

Order Date :- 13.12.2019

¶17

T.S.

Gudia v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gudia v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Upendra Singh Vs State of U.P.

Hari Singh Vs State of U.P. and Another

Karan Jogi and Others Vs State of U.P. and Another

Raghuveer Vs State of U.P.

Ankur Rajvanshi and Others Vs State of U.P. and Another

Rajendra Patel Vs State of U.P. and Another