The High Court allowed the bail application of Soni Chaurasiya, accused in a murder case, finding that she had made out a case for bail. The court granted bail subject to personal bond, sureties, and specific attendance conditions.
Release of applicant on bail on furnishing personal bond and two local sureties subject to strict attendance conditions.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24998 of 2022 Applicant :- Soni Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.,Ram Bali Ram
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Heard Mr. Subhash Singh Yadav, learned counsel for the applicant and Mr. Akhilesh Kumar Srivastava, learned A.G.A. and also perused the record. None has appeared on behalf of the informant even in the revised call.
The instant bail application has been filed on behalf of the applicant, Soni Chaurasiya with a prayer to release her on bail in Case Crime No.185 of 2021, under Sections 302, 120-B I.P.C., P.S.-Baresar, District-Ghazipur, during pendency of trial.
As per prosecution version, the FIR has been lodged by father of the deceased against four named accused including the applicant alleging therein that on 20.10.2021 at about 11:00 P.M., his son went out the house while talking on telephone. On the next day morning at about 7:00 A.M., the information regarding death of the son was given by the police personnel. The FIR has been lodged under suspicion that the applicant, who was having friendly relationship with the deceased has conspired in the murder of the deceased.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. There is no direct or circumstantial evidence to show the involvement of the applicant in the incident. It is only on the basis of suspicion, the applicant has been implicated in the present case as she was having friendly relationship with the deceased. Nothing incriminating has been recovered from the possession of the applicant. Except for the extra judicial confession there is nothing on record to prove that the applicant participated in the incident, which resulted in death of the deceased. The applicant is languishing in jail since 23.10.2021. The applicant does not have any previous criminal history. In case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant
cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Soni Chaurasiya 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:-
(i) The applicant shall file an undertaking to the effect that he 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(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.
(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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.12.2022/Rahul.
Digitally signed by RAHUL GOSWAMI Date: 2022.12.22 17:18:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering the nature of the offence under Section 302 IPC and the pendency of the trial.
Whether the applicant has made out a case for bail despite the serious nature of the charge.
4 provisions across 2 enactments
Soni Chaurasiya
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
