Allowed

Rekha Devi v. State of U.P.

Allahabad HC29 Sept 2020BAIL/3290/2020

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for murder and attempt to murder charges. Court granted bail to the applicant after finding the extra-judicial confession and evidence from an open place insufficient, noting her lack of criminal history and creating stricter bail conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties with conditions regarding tampering with evidence, cooperation in trial, and no criminal activity.

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

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Court No. - 2

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3290 of 2020

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Applicant :- Rekha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Ratan Kumar Mishra, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

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This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 43 of 2019 under Sections 302 and 201 I.P.C., P.S. Adlahat, District Mirzapur.

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As per F.I.R. which has been lodged by one Rajendra Prasad, his younger brother, Mangru (deceased) had several litigation from the side of his sasural in which he had also gone to jail. He had also been given threat from his sasural side that he will be done to death by crushing him under the truck. It is also mentioned that his brother/deceased used to have talk with the wife of his brother-in-law and he believes that people from his sasural side might have killed the deceased.

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As per Post-mortem report, cause of death is found to be head injury and in all, four injuries are found to have been sustained by the deceased.

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It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; as regards merits of the case, no conclusive evidence has been gathered by the police against the accused applicant except the statement of sister of the deceased before whom it is stated that accused applicant had appeared in nervous condition and confessed before her to have killed the deceased because deceased was trying to pressurize her to marry him. This enraged the applicant and she had made an assault by brick by which he died. Submission is that brick is said to have been recovered from an open place which has no blood stain. The said recovery has been made on 31.03.2019 after the occurrence from an open place and no independent

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witness of the same is there. He has no criminal history; the accused applicant is in jail since 31.03.2019; if the accused is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.

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Looking to the fact that recovery is made from an open place of brick which has no blood stain, extra judicial confession is said to have been made by the accused which has a very small evidentiary value, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.

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

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.

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Order Date :- 29.9.2020 A. Mandhani

Rekha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rekha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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