Allowed

Samsun Nisha v. State of U.P.

Allahabad HC10 Oct 2022BAIL/40696/2022

Case brief

AI extract

What is this about?

In a bail application under IPC Sections 147, 148, 323, 504, 506, 325, 452, 308, the High Court found the case fit for bail. The applicant, a lady, was granted bail on personal bond and two sureties subject to specific conditions regarding court attendance and adjournments.

What did the court decide?

Grant of bail on personal bond and two reliable sureties subject to conditions of attendance and no abuse of liberty.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40696 of 2022

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Applicant :- Samsun Nisha Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Arun Kumar Tripathi

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant as well as learned counsel for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 0027/2022, under Sections 147, 148, 323, 504, 506, 325, 452, 308 IPC, Police Station- Kolhui, District - Maharajganj.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that there are cross versions of the incident. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. He further submits that co-accused persons namely Nurulhuda, Imamuddin and Qyamuddin have already been enlarged on bail by a co-ordinate Bench of this order vide order dated 14.09.2022 in Criminal Misc. Bail Application No.40827 of 2022 and he seeks parity of the aforesaid order. He further submits that applicant is a lady and she has no criminal history apart from the instant case. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 4.8.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, argument advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Samsun Nisha , be released on bail in the

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aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that the applicant 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.

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(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicants' presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) 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 the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 10.10.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.10.11 18:05:36 IST Reason: Location: High Court of Judicature at Allahabad

Samsun Nisha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Samsun Nisha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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