Allowed

Phoola Devi v. State of U.P.

Allahabad HC26 May 2022BAIL/9512/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Phoola Devi in a death case. The single-judge bench, considering the spur-of-the-moment nature of the incident and the long period of detention, found a prima facie case for bail and allowed the application on furnishing a personal bond and sureties.

What did the court decide?

The prayer for bail is granted. The applicant may be released on bail on furnishing a personal bond and two local sureties subject to specific undertakings regarding court attendance and avoiding dela

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

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9512 of 2022

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Applicant :- Phoola Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A., Yogendra Nath Ram

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Hon'ble Ajit Singh,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 1088 of 2021, under Sections 302, 342, 34 IPC, Police Station - Dhoomanganj, District - Prayagraj with the prayer to enlarge the applicant on bail.

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The report of this incident was lodged against Shiv Kumar Pasi, Phoola Devi (applicant), Prabhat Pasi, Nanaka Pasi and Nanaki on the basis of the information given by complainant Smt. Nirmala Pasi. Allegation in the FIR was that son of the complainant was called on phone by Nanaki D/o Shiv Kumar Pasi in night at about 11:30 P.M. to her house and in response to the said phone call the complainant's son went and he was called in by Nanaki inside the house by opening the gate. Then, the complainant's son was beaten mercilessly with lathi-danda , bricks and balli . The injured was taken to S.R.N. Hospital where he died.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the present accused applicant is lady and is languishing in jail for last seven months. Further submission is that general role has been assigned to all the accused persons and no specific role has been assigned to the present accused. Further submission is that the alleged recovery of a danda from the present accused is false. Then, it is argued that the deceased was having illicit relationship with the daughter of the present accused and he entered the house of present accused in night and on being seen and caught raping the daughter of the present accused, this was not liked by the family members of co-accused Nanaki being impractical and against social culture and that is why the deceased was beaten by the accused persons in the heat of passion and they did not have any intention to cause death of the deceased. Therefore, the present applicant is entitled to bail. Lastly, it is argued that the applicant is in jail since 13.10.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail. Learned counsel Shri Sushil Kumar Pandey appearing for the complainant has also opposed the prayer for bail. But they could not dispute the aforesaid submissions of the learned counsel for applicant.

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Keeping in view the submission of learned counsel for the parties, keeping in view that the incident has occurred at the spur of moment on seeing the deceased with co-accused Nanaki in an objection situation, considering the period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of

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the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Phoola Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

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Order Date :- 26.5.2022 LBY

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Digitally signed by LAL BAHADUR YADAV Date: 2022.05.28 17:08:40 IST Reason: Location: High Court of Judicature at Allahabad

Phoola Devi v. State of U.P.

Case brief

What is this about?

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Phoola Devi v. State of U.P.

Case brief

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