Allowed

Smt Poonam v. State of U.P.

Allahabad HC8 Jun 2022BAIL/11812/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail申请 of Smt Poonam in a case involving dowry harassment and the death of a woman. The court granted bail based on the parity of her situation with a co-accused who was already released, subject to bond conditions.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two local sureties subject to specified conditions.

Smt Poonam Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11812 of 2022

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Applicant :- Smt Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Gaurav Singh Tomar

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.0088 of 2021, under Sections 498-A, 304-B I.P.C. & 3/4 D.P. Act, P.S. Nadigaon, District Jalaun.

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Learned counsel for the applicant submits that similar allegation has been levelled against the applicant and co-accused Smt. Deepika, who has been granted bail by co-ordinate Bench of this Court vide order dated 24.05.2022 in Criminal Misc. Bail Application No.15186 of 2022, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 20.12.2021.

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Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of identically placed co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Smt. Poonam involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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

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will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 :- 8.6.2022 Jitendra

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Digitally signed by JITENDRA KUMAR PATEL Date: 2022.06.08 17:25:02 IST Reason: Location: High Court of Judicature at Allahabad

Smt Poonam v. State of U.P.

Case brief

What is this about?

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Smt Poonam v. State of U.P.

Case brief

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