Geeta Devi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

Geeta Devi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Release of applicant Geeta Devi on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence; no threatening or harassing prosecution witnesses; appearance on dates fixed by the trial court; no commission of similar offence; no inducement, threat or promise to dissuade disclosure of facts or tamper with evidence).

Issue for consideration

Whether the applicant Geeta Devi, arraigned in Case Crime No.148 of 2019 under Sections 302, 201 I.P.C., P.S. Jathaa Bazar, district Kushi Nagar, should be released on bail.

Court's answer

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, and the fact that co-accused Jagadish and Nand Lal had been admitted to bail by this Court, the Court found it to be a fit case for bail, without expressing any opinion on merits.

Ratio / Principle

The bail application stands allowed.

Key takeaways

The applicant Geeta Devi is to be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions including non-tampering with prosecution evidence, non-threatening or harassing of prosecution witnesses, appearance on dates fixed by the trial court, commission of no similar offence, and no inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them or tampering with evidence.ratio¶¶11

Detailed headnote1 paragraphs

Bail — Offence under Sections 302, 201 I.P.C., Case Crime No.148 of 2019, P.S. Jathaa Bazar, district Kushi Nagar — Applicant Geeta Devi in jail since 31.10.2019 — Parity with co-accused Jagadish (bail granted 03.03.2020 in Bail Application No.8298 of 2020) and Nand Lal (bail granted 19.06.2020 in Bail Application No.15549 of 2020), a fact not disputed by the A.G.A. — Considering nature of allegations, gravity of offence, severity of punishment and evidence against the accused, and without expressing any opinion on merits, bail application allowed; applicant to be released on personal bond with two sureties each in the like amount, subject to usual conditions.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20652 of 2020

Applicant :- Geeta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

This is a bail application on behalf of the applicant Geeta Devi in connection with Case Crime No.148 of 2019, under Sections 302, 201 I.P.C., P.S. Jathaa Bazar, district Kushi Nagar.

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the present applicant was named in the first information report and general role has been assigned to all the accused persons including the present applicant. He submitted that there is no eye-witness of the incident and there is no other connecting evidence and the dead body of the deceased was not recovered at the instance of the applicant or any other accused. He further submitted that the dead body was recovered from an open place. He submitted that the co-accused Jagadish has been admitted to the concession of bail by another Bench of this Court by order dated 03.03.2020 passed in Criminal Misc. Bail Application No.8298 of 2020, copy whereof has been annexed at page no.47 of the bail application. He further submitted that another co-accused, Nand Lal has been admitted to the concession of bail by another Bench of this Court by order dated 19.06.2020 passed in Criminal Misc. Bail Application No.15549 of 2020. He claims parity. He submitted that the applicant is languishing in jail since 31.10.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

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

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 7.8.2020

R./