Prem Kumari Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Prem Kumari Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Prem Kumari on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to five conditions; breach entitles prosecution to seek cancellation of bail before this Court.

Issue for consideration

Whether the applicant Prem Kumari, whose alleged role is claimed to be indistinguishable from that of co-accused already granted bail by a coordinate Bench, is entitled to be released on bail in Case Crime No. 248 of 2021.

Court's answer

Taking into account the nature of the offence, evidence, complicity of the accused, submissions of counsel, and the fact that the co-accused has been granted bail and the applicant's case is on similar footing, the applicant has made out a case for bail and the bail application is allowed, without expressing any opinion on the merits of the case.

Ratio / Principle

The applicant Prem Kumari is to be released on bail in Case Crime No. 248 of 2021 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to stated conditions (non-tampering with evidence, non-intimidation of prosecution witnesses, appearance before the trial court, commission of no similar offence, and no inducement, threat or promise to witnesses); on breach of any condition the prosecution may move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Subhash Chandra Sharma, J.) allowed the Criminal Misc. Bail Application No. 25942 of 2022 of applicant Prem Kumari, involved in Case Crime No. 248 of 2021 under Sections 308, 325, 323, 304, 504 I.P.C., P.S. Indargarh, District Kannauj. Counsel contended she was falsely implicated, faced only a general allegation along with co-accused Anil Kumar and Shivam Patel, who had already been granted bail by a coordinate Bench on 14.7.2022 through Criminal Misc. Bail Application No. 28876 of 2022, that her role was not distinguishable from theirs, and that she had no criminal history and was languishing in jail since 27.2.2022. Learned AGA opposed the prayer. Holding the applicant's case to be on similar footing with the bailed co-accused and without expressing any opinion on the merits, the Court found she had made out a case for bail and directed her release on a personal bond with two sureties each in the like amount, subject to conditions barring tampering with evidence, pressurising or intimidating prosecution witnesses, absence from trial dates, commission of similar offences, and any inducement, threat or promise to witnesses; breach entitles the prosecution to move for cancellation of bail before the Court.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25942 of 2022

Applicant :- Prem Kumari Opposite Party :- State of U.P. Counsel for Applicant :- Yashwant Singh Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh

Hon'ble Subhash Chandra Sharma,J.

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

It is submitted by learned counsel for the applicant that she is innocent and has been falsely implicated in the present case for causing injury to the deceased as a result he died. There is general allegation against this applicant and other co-accused persons namely Anil Kumar and Shivam Patel who have already been granted bail by coordinate Bench of this Court on 14.7.2022 through Criminal Misc. Bail Application No. 28876 of 2022. Since the role of this applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. There is no criminal history against the applicant. She is languishing in jail since 27.2.2022 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

Learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused person has already been granted bail and the case of the present applicant is on similar footing 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.

Let the applicant Prem Kumari involved in Case Crime No. 248 of 2021, under Sections 308, 325, 323, 304, 504 I.P.C., P.S. Indargarh, District Kannauj 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.

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

The applicant will not pressurize/ intimidate the prosecution witness.

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

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.

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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

Order Date :- 17.8.2022 A. Singh

Digitally signed by ANURAG SINGH Date: 2022.08.18 15:30:35 IST Reason: Location: High Court of Judicature at Allahabad