Allowed

Laxmi Devi v. State of U.P.

Allahabad HC23 Mar 2021BAIL/9038/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Laxmi Devi, in a criminal proceeding involving sections 498-A and 304-B IPC. The order was passed without expressing an opinion on the merits, citing changed circumstances and prima facie satisfaction of the charge regarding reasonable apprehension of witness tempering.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond with two sureties subject to specific undertakings regarding attendance and conduct during trial.

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

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Court No. - 2

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9038 of 2021

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Applicant :- Laxmi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kamalesh Kumar Nishad Counsel for Opposite Party :- G.A.

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Hon'ble Suneet Kumar,J.

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Heard Sri Kamalesh Kumar Nishad, learned counsel for the applicant and learned A.G.A. appearing for the State.

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This is the third bail application filed by the applicant. The first bail application came to be rejected on 21.01.2020 and the second bail application was rejected on 15.10.2020.

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It is urged by learned counsel for the applicant that the changed circumstance in filing the instant bail application is that the informant (P.W.-1) and the mother of the deceased (P.W.-2) have not supported the prosecution version; it is denied that statement was given to the I.O.; it is a case of suicide committed by the deceased due to prolonged illness.

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It is lastly submitted that the applicant is mother-in-law and has no other reported criminal antecedent and she is languishing in jail since 27.11.2019, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, she will never misuse her liberty and will co-operate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Laxmi Devi , involved in Case Crime No.169 of 2019, under Section 498-A, 304-B I.P.C. and Sections 3/4 of D.P. Act, Police Station-Garwar, District-Ballia be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 of the Indian Penal Code.

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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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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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Order Date :- 23.3.2021 SK Goswami

Laxmi Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Laxmi Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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