Allowed

Ujrawati and Another v. State of U.P.

Allahabad HC23 Aug 2022BAIL/24323/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Ujrawati and another, aged 70, accused of assault with lathi causing death. The court emphasized the applicant's age, lack of criminal history, and non-maleficent intent towards death before granting bail subject to conditions.

What did the court decide?

Release on bail by furnishing personal bond and two sureties each subject to standard bail conditions regarding tampering, intimidation, and appearance.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24323 of 2022 Applicant :- Ujrawati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.,Jitendra Singh

¶3

Hon'ble Subhash Chandra Sharma,J.

¶4

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

¶5

It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case with general allegations of making assault with Lathi-Danda on the deceased Sanjay @ Dileep who sustained injuries and during treatment he died. It is further submitted that applicant Ujrawati is aged about 70 years and the incident is related to the dispute which arose in the field on account of throwing elements of paddy. In this way, applicants never intended to cause murder of the deceased or to cause such bodily injury as was likely to cause death. There is no criminal history against the applicants. They are languishing in jail since 26.12.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

¶6

Learned counsel for the complainant as well as learned AGA opposed the prayer for bail and urged that the injuries caused to the deceased were fatal in nature and these applicants also participated in making assault on the person of the deceased, therefore they are not entitled for bail..

¶7

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, applicants being woman and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

¶8

Let the applicants Ujrawati and Pushpa involved in Case Crime No. 102 of 2021 and Sessions Trial No. 154 of 2022, under Sections 304, 323, 325, 504, 506 and 34 IPC, P.S. Kapilvastu, District Sidharth Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶9

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

¶10

The applicants will not pressurize/ intimidate the prosecution witness.

¶11

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

¶12

The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

¶13

The applicants 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.

¶14

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

¶15

Order Date :- 23.8.2022 Arif

¶16

Digitally signed by MOHAMMAD ARIF Date: 2022.08.30 14:03:34 IST Reason: Location: High Court of Judicature at Allahabad

Ujrawati and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ujrawati and Another 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

Smt Guddi Devi Vs State of U.P.

Ravindra Vs State of U.P.

Sanju Thapa Vs State of U.P.

Sonu Vs State of U.P.

Ghanshyam Rai Vs State of U.P.

Bittu Vs State of U.P.