Allowed

Bharti v. State of U.P.

Allahabad HC8 Aug 2022BAIL/20252/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant, a woman student, in a criminal case involving assault and alleged outrage of modesty. The grant was based on her age, educational status, lack of a specific role in the FIR, and the registration of a non-cognizable report in her favor, subject to standard bond conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in the like amount, subject to undertaking conditions to not tamper with evidence, influence witnesses, or breach trust.

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

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20252 of 2022

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Applicant :- Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh,Irfan Raza Khan,Omar Zamin

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Counsel for Opposite Party :- G.A.,Saurabh Tripathi,Shantanu Srivastava,Vaibhav Kumar Saraf

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Omar Zamin, Senior Advocate assisted by Sri Bhuvnesh Kumar Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 106 of 2022, under Sections 307, 323, 504, 506 IPC, Police Station Najibabad, District Bijnor during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of a first information report lodged on 31.03.2022 at 13:51 hours by the informant alleging that the applicant, her two brothers and her father had attacked the informant and his family members and they had beaten and assaulted them with sticks, knives and sword.

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4.In the affidavit filed in support of the bail application, it has been stated that on 31.03.2022, the informant and one Uttam had entered the house of the applicant and they had outraged the modesty of the applicant's sister Arti and when the applicant's family members resisted the same, the persons from the informant's side had beaten up the applicant's father, brother and sister. The injury reports of the applicant's sister, father and brother have been annexed with the affidavit.

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5.It has further been stated in the affidavit that although the police registered the FIR Lodged by the informant, they had turned away the applicant's family members. Subsequently the police has registered the Non Cognizable Report (N.C.R.) on 31.02.2021 at 14:47 hours. The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty.

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6.The learned counsel for the applicant has submitted that the instant FIR is a cross case in which the applicant has been

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falsely implicated. He has submitted that no specific role has been assigned to the applicant in the FIR.

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7.The applicant is languishing in jail since 07.04.2022.

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8.Per contra, the learned counsel for the informant has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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9.Keeping in view the aforesaid facts and submission, particularly the fact that the applicant is a woman aged about 23 years and she is studying in B.A. 3^rd year, that no specific role has been assigned to the applicant in the FIR and that the applicant's family members have also received injuries in the incident and that after lodging of the F.I.R. giving rise to the present case, the police has registered the Non Cognizable Report, I am of the view that the applicant has made out a case for bail in the aforesaid case.

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10.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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11.Let the applicant - Bharti be released on bail in Case Crime No. 307, 323, 504, 506 IPC, Police Station Najibabad, District Bijnor IPC on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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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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12.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 8.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.08.16 14:06:10 IST Reason: Location: High Court of Judicature at Allahabad

Bharti v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bharti v. State of U.P.

Case brief

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