Anita v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Anita in a murder case under Section 302 IPC. Court allowed bail on the ground that the death was caused by electric shock and the applicant is a woman, finding it a fit case for bail.
What did the court decide?
Released on bail on furnishing personal bond and two sureties of like amount subject to conditions.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56489 of 2019
Applicant :- Anita Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Aditya Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Anita with a prayer to enlarge her on bail in Case Crime No. 196 of 2019, under Sections 302 I.P.C., Police Station Basrehar, District Etawah.
As per the F.I.R version, a report was lodged by Smt. Anarkali on 19.09.2019 in respect of incident taken place on 14.08.2019, alleging that at about 6.00 p.m in the evening her son Pooran Singh went with his wife to his in-laws, next day the informant was informed that Pooran Singh has been killed. They reached there and found the dead body in the house of his in-laws. On the basis of suspicion, it has been alleged that between her son and the relative in-laws several times marpeet took place and therefore, she suspects that the father-in-law of the deceased, Smt. Anita and Naina and Mithilesh Kumari committed murder of her son.
Learned counsel for the applicant has submitted that she has been falsely implicated in this case, the cause of death as found in the postmortem report is burn injury out of electric shock. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no reason for her to commit murder of the deceased. Further submission is that there is a delay of more than a month in lodging the F.I.R and there is no evidence against the accused applicant. She lives in Ahmadabad with her husband. Charge sheet has been already submitted and there is no question of her influencing the investigation. The applicant has been in jail since 15.10.2019.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit person for release on bail in a murder case involving death by electric shock.
Whether the delay in lodging the FIR and the nature of cause of death make bail appropriate.
Parties & counsel
- applicant
Anita
- respondent
State of U.P.
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/56489/2019
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