Allowed

Kamlawati Devi v. State of U.P.

Allahabad HC20 May 2022BAIL/20042/2022

Case brief

AI extract

What is this about?

Single-judge court allowed bail application for Kamlawati Devi in a criminal case involvingIPC offences. The court considered her gender, lack of criminal history, absence of a specific charged role, and long incarceration period. Bail granted with strict conditions regarding attendance and tampering with evidence.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions including attendance and no tampering with evidence.

Kamlawati Devi Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20042 of 2022

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Applicant :- Kamlawati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant and learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.138 of 2021, under Sections 147, 323, 504, 325 and 304 IPC, Police Station Jatahan Bazar, District Kushinagar.

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As per the FIR allegation, at about 3:20 pm. on 12.12.2021, the informant, wife of Kamlesh Yadav was harvesting crop, when Kamlesh and applicant-Kamlawati Devi along with others came on the spot; hurld abuses; started beating the informant and her husband with lathi-danda (hard and blunt object). The informant received injuries along with her husband, who later died to the injuries.

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The post-mortem report is on record, in which, the cause of death is ante-mortem head injury. The injury on the head is stitched wound 7 c.m. X 10 c.m. long with six stitches present on the right side of the head. Injuries to the informant are simple in nature.

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Learned counsel for the applicant states that only general role has been assigned to multiple persons, who are said to have assaulted the deceased and no specific role has been assigned to any of the accused persons. It is also argued that applicant is a

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lady and in absence of any specific role assigned to her, she cannot be implicated in the aforesaid case. Since the case of the applicant is found separate and distinguishable from coaccused, being a lady, and also the fact that she has no criminal history and is languishing in jail since 25.12.2021 and the trial is not likely to conclude shortly and that the applicant undertakes that she will not misuse the liberty of bail and will cooperate in the conduct of trial, she be enlarged on bail.

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Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.

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Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that the applicant has no criminal history, no specific role is assigned to her and she is a lady incarcerated in jail for about six months, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.

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Let the applicant - Kamlawati Devi involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that she 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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(iv) 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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(v) 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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(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the present bail application is allowed.

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Order Date :- 20.5.2022/Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.05.21 14:13:26 IST Reason: Location: High Court of Judicature at Allahabad

Kamlawati Devi v. State of U.P.

Case brief

What is this about?

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Kamlawati Devi v. State of U.P.

Case brief

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