Bail application by Kaushalya Devi accused under sections 147, 149, 452, 323, 302, 506 IPC in alleged family dispute turning fatal. Court allowed bail with conditions.
Applicant released on bail on executing personal bond and furnishing two sureties with specific undertakings.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38762 of 2020
Applicant :- Kaushalya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A.,Sanjay Kumar Nigam
Hon'ble Ajit Singh,J.
Heard Sri Krishna Kumar Mishra, learned counsel for the applicant, Sri Sanjay Kumar Nigam, learned counsel for the complainant and learned A.G.A for the State.
This is a bail application on behalf of the applicant Kaushalya Devi in connection with Case Crime No.210 of 2020, under Sections 147, 149, 452, 323, 302, 506 I.P.C., Police Station Utraon, District Prayagraj.
The first information report of this incident was lodged by the complainant- Ajay Kumar Rao (Advocate) and it has been mentioned in the F.I.R. that when the complainant was celebrating birthday of his elder son on 20.07.2020, at about 10:30 p.m., the named accused persons Bholanath, Sanjay Kumar, Dharmendra Kumar, Yogendra Kumar, Tinku, Sharda Devi with the present applicant- Kaushalya Devi entered in the house of the complainant having lathi, danda and sarias in their hands and started beating the family members of the complainant. In this marpeet, father of the complainant and the complainant himself received injuries and the mother of the complainant also received injuries and she succumbed to her injuries.
Learned counsel has submitted that the accused is innocent and has been falsely implicated in the present case and there are general allegations of marpeet by all the present accused persons and the present accused-applicant is a married lady having small kids to look after and no specific role has been assigned to this accused-applicant. Learned counsel has further submitted that deceased -Kamala Devi died of a septecemic shock as she had a previous chest infection. He has submitted that the applicant is languishing in jail since 21.07.2020 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.
Sri Sanjay Kumar Nigam, learned counsel for the complainant as well as learned A.G.A. have opposed the bail plea. 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, 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 Kaushalya 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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. Order Date :- 15.12.2020 Priya
1 issue framed by the court
Whether the applicant, accused in murder and affray, is entitled to bail in the present circumstances.
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Not citedReferred
1 provisions across 1 enactments
Kaushalya Devi
Ajit Singh
As recorded by the court registry
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Ajit Singh
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