Allowed

Prmila Puri v. State of U.P.

Allahabad HC7 Oct 2021BAIL/32957/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC for offences under Sections 363 and 366 IPC, the High Court observed despite the prima facie strength of the charge and released the female applicant on conditions including personal bond and undertaking to appear in court.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties subject to specified conditions in respect of court appearance and trial conduct.

Prmila Puri Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32957 of 2021 Applicant :- Prmila Puri Opposite Party :- State of U.P. Counsel for Applicant :- Nishant Kumar Singh,Raj Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.115 of 2021, under Sections 363 & 366 IPC, Police Station Haldharpur, District Mau.

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I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is a lady and she has not committed any offence as alleged against her. The incident took place on 15.04.2021 whereas the impugned first information report has been lodged on 30.4.2021 i.e. after lapse of 15 days without given any plausible explanation regarding delay. After recovery of the victim, her statement under Section 161 Cr.P.C. was recorded on 01.05.2021 while her statement under Section 164 Cr.P.C. was recorded on 13.5.2021. As per medical report, no injury has been seen on all over the body of the victim and she is found 18 years age. The victim has refused for medical examination. He further submits that as per certificate issued by Principle of Molnapur, Block Ratanpura, the date of birth of the victim has been mentioned as 12.06.2021. He further submits that the applicant is having no criminal history and in case she will be released on bail, she will not misuse the liberty of bail. The applicant is in jail since 29.6.2021.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant -Prmila Puri , who is involved in aforementioned case crime be released on bail on her furnishing

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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.

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(i) The applicant shall file an undertaking to the effect that she 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.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 174-A IPC.

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(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 her in accordance with law.

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(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.

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

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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 his independent opinion based on the testimony of the witnesses.

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

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

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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.

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Order Date :- 7.10.2021/Ajeet

Prmila Puri v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prmila Puri v. State of U.P.

Case brief

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