Ragini v. State of U.P.
Case brief
What is this about?
The High Court allowed bail to the applicant Ragini in a criminal case involving murder and culpable homicide. The court imposed conditions regarding witness tampering, court attendance, and proclamation procedures.
What did the court decide?
Relea se on bail subject to personal bond and two sureties with conditions to appear in court and not tamper with witnesses.
What the court decided
Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44319 of 2022 Applicant :- Ragini Opposite Party :- State of U.P. Counsel for Applicant :- Dilendra Pratap Singh,Umesh Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 245 of 2021, under Sections 147, 148, 149, 323, 302, 307, 336, 34 IPC, Police Station Barahaj, District Deoria, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with ulterior motive. She did not commit any offence as alleged and has no concern whatsoever with it. She has no criminal antecedent. It is further submitted that there are allegations and no specific role is assigned to the applicant. She had no role to play in the incident. The only allegation against the applicant is that her father used gun by which one deceased was done to death. It is next submitted that some civil dispute is pending between applicant's family and opposite party, wherein an order for status quo has been passed. It is also submitted that alleged injury is a firearm injury which does not support the prosecution version in regard to applicant's role of assault using rod. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. The applicant is languishing in jail since 24.11.2021. She undertakes that she will not misuse the liberty, if granted, therefore, he may be released on bail.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant in a case involving sections 147, 148, 149, 323, 302, 307, 336, 34 IPC.
Whether the applicant can furnish a personal bond and sureties while remaining available for trial.
Whether conditions regarding tampering with witnesses and attendance can be imposed on bail granted by a High Court.
Parties & counsel
- applicant
Ragini
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/44319/2022
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