Allowed

Nandani v. State of U.P.

Allahabad HC9 May 2022BAIL/7919/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7919 of 2022, the Allahabad High Court granted bail to an accused sister implicated in her brother's murder case. The court imposed standard conditions, including a personal bond, sureties, and undertakings not to tamper with evidence or misuse liberty.

What did the court decide?

Release on personal bond and two sureties with undertakings not to tamper with evidence, attend trials, or misuse liberty.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7919 of 2022

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Applicant :- Nandani Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the accused Nandani, who happens to be the sister of the deceased. She is implicated in Case Crime No.150 of 2021, under Sections 364, 302, 201, 34 IPC, Police Station Mugalpura, District Moradabad, primarily on the ground that the murder of her brother has been done with her active connivance and participation, as she was in love with one Pradeep and her marriage was being opposed by the deceased brother.

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Learned counsel for the applicant submits that it is a case of circumstantial evidence and the chain of circumstances so as to prove the guilt of the applicant is not complete, inasmuch as neither it is a case of last seen nor any specific role has otherwise been assigned to the applicant. It is further submitted that the dead body has been recovered at the pointing out of coaccused Pradeep and Veeru @ Harish, and bail has already been granted to Veeru @ Harish in Criminal Misc. Bail Application No.47669 of 2021. It is submitted that the applicant has no criminal history and she is languishing in jail since 4.8.2021. It is further argued that the trial is not likely to conclude shortly and that the applicant undertakes that she will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned A.G.A. opposes the bail application.

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Let the applicant Nandani be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in

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any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 9.5.2022 Anil

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Digitally signed by ANIL KUMAR PATEL Date: 2022.05.09 17:50:03 IST Reason: Location: High Court of Judicature at Allahabad

Nandani v. State of U.P.

Case brief

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Nandani v. State of U.P.

Case brief

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