Allowed

Usha v. State of U.P.

Allahabad HC5 Mar 2019BAIL/9365/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application for an applicant accused of murder and preventing evidence of death. The Court found the applicant to be a fit case for bail subject to furnishing bonds and fulfilling standard conditions like appearing in court and not tampering with evidence.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties subject to standard bail conditions.

Usha Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9365 of 2019

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Applicant :- Usha Opposite Party :- State Of U.P. Counsel for Applicant :- Bal Krishna Pandey 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 by the informant against three accused persons namely, Mintu, Usha and Dharmveer @ Gappi alleging that the marriage of deceased Ram Roshani was solemnized with Mintu before three years. They killed her by setting her on fire and cremated the dead body without postmortem.

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It is submitted by learned counsel for the applicant that applicant is married nanad. The applicant is innocent and has been falsely implicated in the present case. Deceased was firstly married with one Sundarlal and secondly married with Mintu. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. Applicant has no concern with deceased and her husband. She is living separately in her sasural. Deceased has committed suicide herself. She is languishing in jail since 24.9.2018 (more than six months) 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 the applicant Usha involved in S.T. No. 876 of 2018 as well as Case Crime No. 138 of 2018, under Sections 323, 302, 201 IPC, P.S. Jahangirabad, District Buland Shahar 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:

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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 :- 5.3.2019

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A. Singh

Usha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usha v. State of U.P.

Case brief

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What did the court decide?

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