This is a bail application by Smt. Kamlesh under Sections 304, 323, and 504 IPC. The High Court allowed the bail application, considering her age (73), health issues, and lack of criminal record, directing her release on a personal bond with sureties.
The applicant is released on bail executing a personal bond and furnishing two sureties.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8109 of 2022
Applicant :- Smt Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 553 of 2021, under sections304, 323 and 504 I.P.C., P.S. Shahganj, district-Agra, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against four persons, including present accused, alleging therein that on 12.12.2021 at about 7:00 O'clock in the evening the co-accused Bhondu was quarrelling with the nephew of the informant and when the informant asked Bhondu not to abuse, then Bhondu and his brother Deepu alias Theda started assaulting him. It was also alleged that when the mother of the informant came to save him, then co-accused Bhondu and Deepak also started beating her and in this incident she died. It was alleged that the present accused also came there just to abuse.
Learned counsel for the applicant submits that the applicant is an old lady aged about seventy three years and she has been suffering from age related ailments. The only allegation which has been made against the applicant is that she had gone to the place of occurrence only just for abusing. Further submission is that the applicant is a lady and she is entitled to get the benefit under the provision of Section 437 Cr.P.C. He lastly submits that the applicant, who is in jail since 24.12.2021 and has no criminal antecedents to her credit, is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the age of the applicant and allegation, which has
been made against her and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Smt. Kamlesh be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 22.4.2022 Faridul
Digitally signed by FAREEDUL HASAN Date: 2022.04.26 13:18:08 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
The question before the court is as to whether the applicant is entitled to be enlarged on bail during the pendency of the trial in light of her age and lack of criminal antecedents.
To ensure whether to release the applicant on personal bond and furnish two sureties with conditions.
1 provisions across 1 enactments
Smt Kamlesh
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
