Jyoti v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 8507 of 2021, the Court found the applicant's case to be a fit one for bail, noting the prosecution relies on circumstantial evidence and the applicant's role was limited to living with the main accused.
What did the court decide?
Applicant Jyoti released on bail by furnishing a personal bond and two reliable sureties of like amount.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8507 of 2021
Applicant :- Jyoti Opposite Party :- State of U.P. Counsel for Applicant :- Munesh Kumar Upadhyay,Sunil Kumar Counsel for Opposite Party :- G.A.,Ajatshatru Pandey,Ashutosh Pratap Singh,Lokendra Pratap Singh,Santosh Kumar Shukla
Hon'ble Subhash Chand,J.
Rejoinder affidavit filed today by the learned counsel for the applicant. The same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Jyoti with a prayer to enlarge her on bail in Case Crime No. 902 of 2020, under Sections 302, 201, 120B read with 34 I.P.C., Police Station Izzatnagar, District Bareilly.
Learned counsel for the applicant(s) in support of his prayer for bail submits that initially the missing report was lodged in regard to missing of Awdhesh on 16.10.2020 in which it is alleged by the informant that her son Awadhesh had gone to Bareilly but since then she was not in contact with her son. Thereafter, F.I.R was lodged on 25.10.2020 against Vineeta, Anil, Jyoti, Pradeep and other unknown persons which was registered as case crime no. 902 of 2020 under Section 147, 302, 201 I.P.C. In this F.I.R the informant had expressed her suspect against all the named accused persons along-with unknown persons in regard to committing murder of her son. It is further submitted that on the very day 25.10.2020 police apprehended Sher Singh @ Cheeku who confessed in regard to committing murder of Awdhesh and the amount of Rs. 5 lakh was to be given to him so under the conspiracy along-with other co-accused he committed the murder and on the confessional statement of Sher Singh @ Cheeku and also on his pointing out skeleton was recovered by the police on the very day 25.10.2020. This skeleton as per postmortem report was 15 to 16 days old and this skeleton was identified to be of deceased Awadhesh on the basis of T-shirt and capri which Awadhesh was wearing.
Issues for consideration
2 issues framed by the court
Whether the present bail application is a fit case for granting bail under the facts and circumstances.
Whether the applicant's role and lack of specific criminal charge against her warrant her release on bail.
Parties & counsel
- applicant
Jyoti
- respondent
State of U.P.
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/8507/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court