Allowed

Lakshmi Devi @ Mami @ Sethani v. State of U.P.

Allahabad HC25 Jul 2022BAIL/17491/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 17491 of 2022, the High Court of Judicature at Allahabad allowed the bail application of Lakshmi Devi, a cancer patient, implicating her in spurious liquor sale charges. Granting bail on personal bond and sureties due to medical urgency.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties in the like amount with imposed conditions.

Lakshmi Devi @ Mami @ Sethani Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17491 of 2022 Applicant :- Lakshmi Devi @ Mami @ Sethani Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 587 of 2021 at Police Station Qwarsi, District Aligarh under Sections 272, 273, 304, 420, 467, 468, 471, 201 IPC and Section 60(A) of Excise Act. The applicant is in jail since 01.06.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Aligarh, on 26.07.2021.

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Sri Pankaj Kumar Mishra, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant is a lady. The record reveals that she is suffering from cancer which is in advanced stage. The jail authorities are not in a position to provide requisite medical care to her and her life is in danger. On merits Sri Pankaj Kumar Mishra, learned counsel for the applicant contends that the applicant is a small time vegetable vendor. The principal offenders are the licensee who sell spurious liquor from their shop. The applicant is not responsible for the liquor stored or sold at the counter of the shop of the licensee. Learned counsel for the applicant has explained the criminal history of the applicant and

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contends that the same has no bearing on the instant case.

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Learned AGA for the State could not satisfactorily dispute the aforesaid submissions.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Lakshmi Devi @ Mami @ Sethani be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 25.7.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.07.26 10:24:55 IST Reason: Location: High Court of Judicature at Allahabad

Lakshmi Devi @ Mami @ Sethani v. State of U.P.

Case brief

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What did the court decide?

Lakshmi Devi @ Mami @ Sethani v. State of U.P.

Case brief

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