Allowed

Kanchan Devi v. State of U.P.

Allahabad HC20 Dec 2022BAIL/49496/2022

Case brief

AI extract

What is this about?

This judgment grants bail to Kanchan Devi, a first-time accused in a murder case alleged to involve family rivalry. The court dismissed the rejection of bail and ordered release on personal bond with two sureties, ensuring non-interference with evidence and witnesses.

What did the court decide?

Release of applicant on bail on personal bond with two sureties totaling to the satisfaction of the court below

Kanchan Devi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49496 of 2022

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Applicant :- Kanchan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya,Sushil Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarnotged on bail in Case Crime No. 54 of 2022 at Police Station Chakiya District Chandauli under Sections 302, 201, 34 IPC. The applicant is in jail since 22.03.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Chandauli on 19.09.2022.

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Shri Amar Bahadur Maurya, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lady. There is no direct evidence against the applicant. Though the prosecution claims that it is a case of circumstantial evidence, the links in the incriminating circumstances are not complete. The eye witness of "last seen" has not identified the applicant as one of the persons who was seen accompanying the deceased prior to his death. The applicant has been nominated on account of family rivalry. Prosecution evidence does not connect the applicant with the offence.

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Learned counsel for the applicant lastly contends that the applicant does not have any criminal history apart from the instant case. The applicant is a housewife and her family resides in district Chandauli. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Kanchan Devi be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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.

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In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the State/prosecution may move an application for cancellation of bail application.

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Order Date :- 20.12.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.12.21 12:32:22 IST Reason: Location: High Court of Judicature at Allahabad

Kanchan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kanchan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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