Allowed

Anita Devi and 3 Others v. State of U.P.

Allahabad HC21 Oct 2022BAIL/28902/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to four applicants in a criminal matter involving sections 147, 149, 323, 504, 506, and 308 of the IPC. The order noted the existence of contradictory criminal complaints between the parties and the death of one victim, granting bail subject to standard conditions despite the absence of a personal criminal history for the applicants.

What did the court decide?

Applicants released on bail subject to personal bond, two sureties, and conditions regarding appearance, tampering with evidence, and influencing witnesses.

Anita Devi and 3 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28902 of 2022

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Applicant :- Anita Devi And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra,Peeyush Kumar,Virendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Pradeep Kumar, advocate holding brief of Shri Virendra Kumar, the learned counsel for the applicants, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicants with the prayer to enlarge him on bail in Case Crime No. 92 of 2021, under Sections 147, 149, 323, 504, 506, 308 I.P.C., P.S. Khejuri, District Ballia.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 22-06-2021 at 13:15 hours by the informant Vidyawati Devi w/o Chhiteshwar against 13 named accused persons, including the applicant, alleging that all the accused persons attacked the house of the informant and they had beaten up her family members and had robed a mobile phone and Rs. 2,000/-.

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7 persons are said to have received injuries from the side of the informant and none of the injuries are found to be grievous in nature.

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Regarding the same incident, an F.I.R. had been lodged by co-accused Nirbhay Narayan, husband of the applicant no.3, against 9 named accused persons, including the informant and her husband.

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On 22-06-2021 itself at 12:29 hours i.e. prior to lodging of the present F.I.R., an F.I.R. bearing Case Crime No. 91 of 2021 had been lodged by Nirbhay Narayan, husband of the applicant no.3, against the present informant Vidyawati, her husband and 7 other named persons alleging all of them had beaten up and assaulted the informant and his family members. Initially the F.I.R. was lodged under Sections 147, 148, 149, 323, 504, 452 , 308 and 325 I.P.C., but subsequently one of the injured persons Pankaj s/o Nirbhay Narayan and the applicant no.3 has died and the police has submitted a charge-sheet against 8 persons under Sections 147, 148, 149, 323, 504, 308,325 and 304 I.P.C..

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4.It has been averred in the affidavit filed in support of the bail

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application that the applicants are innocent persons, they have been falsely implicated in the case, they have no previous criminal history and they are in jail since 16-06-2022.

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5.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicants. However, he could not dispute the aforesaid aspects of the case.

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6.Having considered the aforesaid facts and submissions and keeping in view the fact that regarding the same incident an F.I.R. had been lodged from the side of the applicant prior to lodging of the instant F.I.R. ; that several persons from the side of the applicants have received injuries and one person has died; that the police has submitted a charge-sheet in the case filed on behalf of the applicant's side and also keeping in view the fact that the applicant has no criminal history, I am of the view that the applicants are entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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7.Let the applicants - Anita Devi, Hoshila Devi, Permawati Devi and Ranju Devi be released on bail in Case Crime No. 92 of 2021, under Sections 147, 149, 323, 504, 506, 308 I.P.C., P.S. Khejuri, District Ballia on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not influence any witness.

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

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(iv) The applicants shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 21.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.21 16:06:39 IST Reason: Location: High Court of Judicature at Allahabad

Anita Devi and 3 Others v. State of U.P.

Case brief

What is this about?

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Anita Devi and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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