Allowed

Shama @ Sheetal v. State of U.P.

Allahabad HC8 Mar 2022BAIL/29984/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by a woman accused of causing injury in a domestic violence case arising from a property dispute. Upon considering the lack of male support at home to care for her two children, the bail was granted subject to standard conditions.

What did the court decide?

Bail granted subject to a personal bond and two sureties complying with conditions against tampering, intimidation, and absence from trial.

Shama @ Sheetal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29984 of 2021 Applicant :- Shama @ Sheetal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava,Sikandar Khan 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 in this case dispute relating to property was between the co-accused Kafeel and his father. Kafeel has been assigned role of causing injury to his father and the applicant being wife of Kafeel has also been implicated in this case. The role of pulling hair of injured has been assigned to her. There are two children and are living in the house of the applicant unattended. None is there to lookafter them. She is languishing in Jail since 18.6.2021and 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 and urged that the applicant has also assisted her husband in causing injury to her father-in-law in relation to dispute of property, therefore, she is not entitled 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 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 and the fact that the applicant is a lady and is daughter-in-law of the informant having two children at home being unattended by any one and remaining in jail since 18.6.2021. The bail application is allowed.

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Let the applicant Shama @ Sheetal W/o Kafeel involved in Case Crime No. 558 2019 under Sections 307, 504, 506 IPC, police station Kotwali Nagar, District Bulandshahar 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. 1. The applicant will not tamper with the evidence during the trial. 2. The applicant will not pressurize/ intimidate the prosecution witness. 3. 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 he 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 him 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. Order Date :- 8.3.2022/S.K.S.

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Digitally signed by SUNIL KUMAR SINGH Date: 2022.03.10 13:49:24 IST Reason: Location: High Court of Judicature at Allahabad

Shama @ Sheetal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shama @ Sheetal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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