Seema v. State of U.P.
Case brief
What is this about?
The Allahabad High Court allowed a bail application filed by Seema in Case Crime No.06 of 2022, finding merit in her arguments regarding lack of evidence and criminal history without commenting on case merits.
What did the court decide?
Release on bail with personal bond and two sureties. Imposition of standard conditions against tampering and influencing witnesses.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19468 of 2022
Applicant :- Seema Opposite Party :- State of U.P. Counsel for Applicant :- Deshraj Garg Counsel for Opposite Party :- G.A.,Rama Yadav,Tripurari Pal
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.06 of 2022 at Police Station Kokhraj District Kaushambi under Sections 364, 302, 394, 201, 34 IPC. The applicant is in jail since 19.01.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Kaushambi on 16.02.2022.
Shri Deshraj Garg, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lady. The mother of the informant/ deceased went missing on 21.12.2021. A missing report was got registered on the same day by the family members of the deceased. Subsequently an FIR was lodged under Section 364 IPC on 03.01.2022. The delay in lodgment of the aforesaid FIR is fatal to the prosecution case in the facts of this case. Subsequently on 18.01.2022 the dead body of the deceased was recovered at the joint pointing out of the principal offenders Ghanshyam and Shiv Kumar. The incriminating jewellery articles which belonged to the deceased were not recovered from the applicant or at her pointing out. There is no direct evidence against the
applicant. The applicant has been nominated on the basis of suspicion. Suspicion no matter however grave is no substitute for evidence. The case of the applicant is distinguishable from that of the principal offenders Ghanshyam and Shiv Kumar. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Issues for consideration
2 issues framed by the court
Whether the bail applicant is entitled to be enlarged on bail in a charge sheeted U.P.P.C. case involving Sections 364, 302, 394, 201, 34 IPC.
Whether the lack of direct evidence and criminal history of the applicant entitles her to bail.
Parties & counsel
- applicant
Seema
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/19468/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court