Allowed

Nanhi Devi v. State of U.P.

Allahabad HC7 Sept 2022BAIL/29605/2022

Case brief

AI extract

What is this about?

In a bail application regarding a murder charge, the court granted release on bail with strict conditions. The High Court ordered a personal bond and two sureties, prohibiting tampering with evidence, adjournments during witness presence, and absence without cause, referencing IPC 185 and provisions regarding proclamation and non-appearance.

What did the court decide?

Bail allowed on personal bond and two sureties with conditions against tampering with evidence, suspension of proceedings, and personal appearance at trial dates.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29605 of 2022

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Applicant :- Nanhi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Suneel Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Nanhi Devi, with a prayer to release her on bail in Case Crime No.104 of 2022, under Section 302 IPC, Police Station C.B. Ganj, District- Bareilly, during pendency of trial.

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There is allegation in the FIR lodged by the son of the applicant that applicant eloped from her house with co-accused, Mohit. Thereafter, she returned and quarrel took place between the father of the informant and applicant on 18.3.2022. On the same day the informant received information at 6:30 p.m. that the applicant and co-accused, Mohit, have caused the murder his father.

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Learned counsel for the applicant has submitted that it is a case of false implication. There is no eye-witness of the incident. The applicant has been falsely implicated in this case on the basis of suspicion. He has submitted that the police has exonerated the coaccused, Mohit and has implicated the son-in-law of the applicant. The applicant is languishing in jail since 21.3.2022 and she has no criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.

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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.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that she 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

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shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse 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.

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(v) 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.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 7.9.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.09.07 17:33:56 IST Reason: Location: High Court of Judicature at Allahabad

Nanhi Devi v. State of U.P.

Case brief

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Nanhi Devi v. State of U.P.

Case brief

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