Allowed

Smt Asha Devi @ Kamlapati v. State of U.P.

Allahabad HC4 Nov 2020BAIL/34064/2020

Case brief

AI extract

What is this about?

The court granted bail to the applicant, who was arrested under Sections 302, 504, and 323 IPC. The applicant surrendered custody and was released subject to furnishing a personal bond and two sureties, along with strict conditions regarding court attendance and trial conduct, including expedited trial within one year.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties, subject to strict conditions including attendance and expedited trial.

Smt Asha Devi @ Kamlapati Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

¶1

Court No. - 67

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34064 of 2020

¶3

Applicant :- Smt Asha Devi @ Kamlapati Opposite Party :- State of U.P. Counsel for Applicant :- Uma Nath Pandey,Shiv Ram Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard Sri Shiv Ram Dubey, learned counsel for the applicant and learned A.G.A for the State.

¶6

By means of this application, the applicant who is involved in case crime no. 116 of 2020, under Sections 323/504/302 IPC, Police Station Lalganj, District Basti, is seeking enlargement on bail during the trial.

¶7

Submission made by learned counsel for the applicant is that though the applicant is named in the F.I.R but actual role has been attributed to the co-accused Ram Charan assaulted by "Sooja" upon deceased and the deceased in as much as received five pounchered wound. There are also recovery of "Sooja" on the pointing out of co-accused Ram Charan. She is being lady and wife of main assailant Ram Charan, who has been described in the F.I.R as "CHACHI" without attributing any positive role to her, having no criminal antecedents. Lastly he submits that applicant is in jail since 23.04.2020. Role of main assailant Ram Charan is already distinguishable from the present applicant.

¶8

Learned A.G.A. vehemently opposed the bail but could not dispute the fact .

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

¶10

Let the applicant, Smt Asha Devi @ Kamlapati who is involved in case crime no. 116 of 2020, under Sections 323/504/302 IPC, Police Station Lalganj, District Basti, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO

¶12

THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶13

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS UNDER SECTION 229-A IPC.

¶14

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶15

(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

¶16

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶17

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

¶18

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming her independent opinion based on the testimony of the witnesses.

¶19

Since the bail application has been decided under extra-ordinary

¶20

circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

¶21

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶22

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶23

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶24

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶25

Order Date :- 4.11.2020 Vikram

Smt Asha Devi @ Kamlapati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Asha Devi @ Kamlapati 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raju Chauhan Vs State of U.P.

Lalu Vs State of U.P.

Ankit @ Tedha Vs State of U.P.

Shyam Babu @ Anurag Prajapati Vs State of U.P. and Anr.

Indra Vs State of U.P.

Riyaz Vs State of U.P.