Allowed

Nirmala Devi v. State of U.P.

Allahabad HC8 Feb 2022BAIL/2264/2022

Case brief

AI extract

What is this about?

This bail application was allowed by the High Court bench of Hon'ble Om Prakash, considering the identically placed co-accused had already been released on bail, noting the applicant was falsely implicated. Conditions for bail were framed.

What did the court decide?

Released on bail upon furnishing a personal bond and two heavy sureties subject to conditions against tampering with evidence and intimidation of witnesses.

Nirmala Devi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 53

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2264 of 2022

¶3

Applicant :- Nirmala Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. She has not committed any offence. No specific role of causing offence under section 302 IPC is assigned to the applicant. Main role of causing injury to the deceased Surema Devi is assigned to co-accused Shailendra Kumar. It is further contended that the co-accused Km. Nisha has been allowed on bail by this Court vide order dated 4.2.2022 passed in criminal misc. bail application no.1370 of 2022. He further submits that since the role of applicants is not distinguishable with the role of co-accused, the applicant is also entitled for bail. It is further submitted that applicant has no criminal history. She is languishing in jail since 12.11.2021 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

¶7

On the other hand, learned AGA opposed the prayer for bail.

¶8

Considering the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

¶9

Let the applicant Nirmala Devi involved in Case Crime No.138 of 2021, under Sections 147, 148, 149, 302, 120-B, 506 I.P.C., Police Station Utraon, District Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

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

¶13

The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

¶14

The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

¶15

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

¶16

Order Date :- 8.2.2022 / ss

¶17

Digitally signed by SANDEEP SHARMA Date: 2022.02.16 17:36:26 IST Reason: Location: High Court of Judicature at Allahabad

Nirmala Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nirmala Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu @ Pankaj Jaiswal Vs State of U.P. and Another

Vishal Kumar Vs State of U.P.

Smt. Seema Shastri Vs State of U.P.

Neeraj Vs State of U.P.

Sudhir Kumar Vs State of U.P.

Jitendra and Another Vs State of U.P.