Allowed

Asha Devi v. State of U.P.

Allahabad HC17 Aug 2022BAIL/33249/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to Asha Devi falsely implicated in a matter of minor enticement. Application permitted with personal bond, two sureties, and strict conditions to prevent witness tampering and ensure attendance at trial proceedings.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to compliance with specific conditions regarding witness interaction and court attendance.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33249 of 2022

¶3

Applicant :- Asha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State. First information report was lodged, regarding enticement of minor girl with intent to marry, against the son of the applicant, co-accused, Vijay. Applicant was not named in the first information report. She has been implicated on the basis of statement of minor girl that she was kept by the applicant in her house and she wanted to marry her with her son.

¶6

Learned counsel for the applicant submits that the applicant has no role in the incident. She has been falsely implicated. She has no criminal history. On account of involvement of his son in this case she has been falsely implicated. She is in jail since 29.05.2022.

¶7

On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.

¶8

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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.

¶9

Let the applicant, Asha Devi, involved in Case Crime No.206 of 2022, under Sections 368 I.P.C, Police Station Sector 39 Noida, District- Gautam Budh Nagar 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶10

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

¶11

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

¶12

(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 his absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code.

¶13

(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 applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

¶14

(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.

¶15

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

¶16

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

¶17

Order Date :- 17.8.2022 SS

¶18

Digitally signed by SURENDAR SINGH NARANG Date: 2022.08.17 18:02:12 IST Reason: Location: High Court of Judicature at Allahabad

Asha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asha Devi 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishal Yadav Vs State of U.P.

Sonu @ Sunil Vs State of U.P.

Ashwani Singh and Another Vs State of U.P.

Nirdesh Tyagi Vs State of U.P.

Bhallar @ Rajendra Sonkar Vs State of U.P.

Vikas Tomar Vs State of U.P.