Partly allowed

Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar v. State of U.P.

Allahabad HC2 Dec 2022BAIL/30423/2022

Case brief

AI extract

What is this about?

Court allowed bail to the applicant accused of offences under Sections 363, 366, 368 IPC. Granted bail on personal bond, two heavy sureties, and standard conditions against tampering and intimidation, subject to verification.

What did the court decide?

Bail granted on furnishing personal bond and two heavy sureties subject to verification and conditions against tampering with evidence or intimidating witnesses.

Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar Vs State of… — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30423 of 2022

¶3

Applicant :- Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar

¶4

Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Prasad,Hriday Kumar Singh

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Nalin Kumar Srivastava,J.

¶7

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

¶8

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; that the applicant is not named in the FIR; that the informant and the victim were residing as tenant in the house of the applicant and there were some dispute of rent between the parties. It is lastly contended that the applicant is languishing in jail since 05.03.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

On the other hand, learned AGA opposed the prayer for bail.

¶10

In this matter, it appears from the record that the victim in her statement under Section 161 and 164 Cr.P.C. has assigned the role of the present applicant in the alleged incident for keeping her, however, no sexual assault has been committed against the victim. It also appears that the informant and the victim were residing as tenant in the house of the present applicant and there were some dispute of rent between the parties. The victim has not been recovered from the possession of the applicant. The applicant is languishing in jail since 05.03.2022. Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , 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.

¶11

Let the applicant Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar involved in Case Crime No. 26 of 2022, under Sections 363, 366, 368 IPC, P.S. Kotwali Konch, District-

¶12

Jalaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶13

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

¶14

The applicant will not pressurize/ intimidate the prosecution witness.

¶15

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

¶16

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶17

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.

¶18

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

¶19

Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same.

¶20

Order Date :- 2.12.2022//Fhd

¶21

Digitally signed by FAHAD NIYAZ Date: 2022.12.06 10:10:38 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Rajkumari @ Jhabara Wali @ Atar Kunwar 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jan Mohammad Vs State

Raghubir Singh Vs State

New India Assurance Company Ltd. Vs Sri Ram Krishna and Others

Shakib @ Kasib Khan Vs State of U.P. and 3 Others

Shyamraj Vs State of U.P.

Mohd. Haider Vs State of U.P.