Allowed

Pinki v. State of U.P.

Allahabad HC9 Jun 2022BAIL/20488/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Pinki in a suicide case. Granting bail as the co-accused was already released, the court imposed strict conditions regarding witness tampering and court attendance, referencing IPC and Cr.P.C. provisions.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties subject to conditions regarding witness tampering and court attendance.

Pinki 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. - 20488 of 2022

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Applicant :- Pinki Opposite Party :- State of U.P. Counsel for Applicant :- Prem Babu Verma Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi

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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 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.43 of 2022, under Sections 323, 342, 504, 506, 306 IPC, Police Station Sainya, District Agra.

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Learned counsel for the applicant submits that as per FIR version Gopal called the deceased on 5th February, 2022 in the evening at about 8.30 pm. to return him Rs. 20,000/- and it is alleged that when he came he was beaten by Gopal and family members due to which he committed suicide. He further submits that co-accused Gopal has been granted bail by coordinate Bench of this Court vide order dated 23.05.2022 in Criminal Misc. Bail Application No. 20692 of 2022. It is further submitted that the applicant is also a lady, therefore, case of applicant is on better footing than the co-accused enlarged on bail. 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 criminal history of the applicant and she is languishing in jail since 07.02.2022.

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Per contra, learned A.G.A. as well as learned counsel for the informant has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused has already been released on bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, as per FIR deceased was called by the co-accused Gopal, general allegation of beating, enlargement of Gopal on bail as well as case of the applicant is on better footing than the co-accused enlarged on bail, without expressing any opinion on merit of the case, the applicant is

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entitled for bail, let the applicant- Pinki 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 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 :- 9.6.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.06.13 13:20:44 IST Reason: Location: High Court of Judicature at Allahabad

Pinki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pinki v. State of U.P.

Case brief

What is this about?

What did the court decide?

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