Allowed

Smt. Rama Devi v. State of U.P.

Allahabad HC8 Sept 2022BAIL/28679/2022

Case brief

AI extract

What is this about?

Coram allowed bail for the applicant, a woman accused of murder under Section 302 IPC, based on her innocence plea, the unocular discovery of the body, lack of recovered evidence, and the fact that a co-accused had already been granted bail by a coordinate Bench.

What did the court decide?

Release on bail upon furnishing a personal bond and two sureties, subject to specific conditions not to tamper with evidence, intimidate witnesses, or commit similar offences.

Smt. Rama Devi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28679 of 2022

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Applicant :- Smt. Rama Devi Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by learned counsel for the applicant that she is innocent and has been falsely implicated in the present case for causing the murder of the deceased along with co-accused Suresh and Mahendra. The dead body of the deceased was found on an open place and no person had witnessed the incident. On the basis of contact of this applicant with deceased, she has been named in the F.I.R. with her son and his friend. Nothing was recovered from the possession or at the instance of this applicant relating to commission of the murder. Further submitted that co-accused Mahendra has already been granted bail by coordinate Bench of this Court on 9.12.2020 through Criminal Misc. Bail Application No. 36790 of 2020. Since the role of the applicant is not distinguishable with the role of coaccused, therefore, she is also entitled for bail. She is languishing in jail since 25.5.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, she being a woman 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.

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Let the applicant Smt. Rama Devi involved in Case Crime No. 182 of 2020, under Sections 302, 34 I.P.C., P.S. Sikandrarau, District Hathras 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.

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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.

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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.

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

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Order Date :- 8.9.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.09.12 14:56:54 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Rama Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Rama 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

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