Allowed

Raj Kumari v. State of U.P.

Allahabad HC12 Sept 2022BAIL/30160/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 30160 of 2022, the Court at Allahabad admitted the bail prayer filed by Raj Kumari. The applicant sought release in a case involving kidnapping, conspiracy, and criminal intimidation. The Court allowed bail on personal bond and two sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties subject to conditions not to tamper with evidence or influence witnesses.

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

¶1

Court No. - 82

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30160 of 2022

¶3

Applicant :- Raj Kumari Opposite Party :- State of U.P. Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A.,Sanjay Srivastava

¶4

Hon'ble Mayank Kumar Jain,J.

¶5

List revised.

¶6

Mr. Sanjay Srivastava, learned counsel for the informant is not present.

¶7

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

¶8

The present bail application has been filed on behalf of applicant in Case Crime No. 201 of 2022, under Sections 366A, 120-B, 506 IPC, Police Station Kotwali Dehat, District Bulandshahr, with the prayer to enlarge the applicant on bail.

¶9

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is not named in the first information report. The name of the applicant came into light during the course of investigation, on the basis of the statement given by the victim. It is next submitted that the applicant is sister of co-accused Sonu and the only role assigned to the applicant is that she was putting pressure upon the victim to marry with co-accused Sonu. Learned counsel for the applicant also submitted that the similarly placed co-accused Sumit, Yashpal and Vijay Pal have already been granted bail by coordinate Bench of this Court vide orders dated 27.07.2022 and 06.09.2022 passed in Criminal Misc. Bail Application No. 28323 of 2022 and 30214 of 2022 respectively, copies of bail orders have been produced before this Court, which are kept on record. It is also submitted that the case of the applicant is distinguishable from the co-accused Sonu. Learned counsel for the applicant submitted that the applicant does not have any criminal history to her credit. It is also submitted that applicant is languishing in jail since 15.05.2022 and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

¶10

Learned A.G.A. has opposed the prayer for bail.

¶11

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, without expressing any opinion on 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.

¶12

Let the applicant Raj Kumari, in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

¶13

(1) The applicant will not tamper with the prosecution evidence during the trial.

¶14

(2) The applicant will not influence any witness.

¶15

(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

¶16

(4) 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 to any police officer or tamper with the evidence.

¶17

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 the bail.

¶18

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶19

Order Date :- 12.9.2022 Sazia

¶20

Digitally signed by SAZIA AQUIL Date: 2022.09.13 10:27:10 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumari 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

Parties & counsel

Coram

Case details

Similar cases

Shamsul Huq@ Chotkane Vs State of U.P.

Vipin Kumar Nishad Vs State of U.P.

Rajbhata Vs State of U.P.

Pradeep Vs State of U.P.

Aman Vs State of U.P.

Shahid Vs State of U.P.