Allowed

Rita Verma v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC13 Jan 2023/647/2023

Case brief

AI extract

What is this about?

This judgment grants bail to Rita Verma, a female applicant accused in a case under Sections 147, 148, 149, 302, 307, 323, 325, 427, and 504 IPC. The court relied on the lack of specific role attributed to her, the disparity between allegations and victim injuries, and her status as a female with a young child in custody. Bail was conditioned upon furnishing a bond of Rs.50,000/- with two sureties

What did the court decide?

Release on bail upon furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount, subject to specific conditions regarding court attendance and prohibition of adjournments.

Rita Verma Vs State of U.P. Thru. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 647 of 2023

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Applicant :- Rita Verma Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar Rai,Piyush Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and the learned Additional Government Advocate for the State.

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As per learned counsel for the applicant, the present applicant (Rita Verma) is languishing in jail since 04.08.2022 in Case Crime No.313 of 2022, under Sections 147, 148, 149, 302, 307, 323, 325, 427 & 504 I.P.C., Police Station-Kotwali Bikapur, District-Ayodhya/ Faizabad.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

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Attention has been drawn towards the impugned F.I.R. wherein 08 accused persons are named and 7-8 female accused persons are not named. As per allegation of the F.I.R., about 15-16 persons have started beating the victim through cane and rods, resultant thereof, the victim succumbed to such injuries.

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Learned counsel for the applicant has drawn attention of this Court towards the statement of witnesses wherein one witness, namely, Asha Devi W/o Sri Santosh Kumar Verma has stated that the present applicant was also involved in such incident. As per the aforesaid statement of the aforesaid person, there are about 15-16 persons who have beaten the victim (Vivek Verma) mercilessly by cane, rod and bamboo and as such the victim succumbed to such injuries.

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Learned counsel for the applicant has further drawn attention of this Court towards the post-mortem report to show the antimortem injuries sustained by the victim, which reads as under:-

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"(1) Lacerated wound of size 2.0 x 3.0 cm c shape (bone deep) present on left temporoperietal area of head 9.0 cm from left ear.

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(2) Contusion black in colour size about 15.0 x 3.0 cm present on Right postero lateral 8.0 cm above from right asix."

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Learned counsel for the applicant has submitted that if any victim is beaten by 15-16 persons by bamboo, cane and rods mercilessly he might have sustained many serious injuries but the victim has sustained only two injuries, one lacerated wound on the head and the second injury is contusion.

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Learned counsel for the applicant has further submitted that it is still not clear that as to who has caused fatal injury upon the victim. The general allegation of beating has been attributed to all the aforesaid 15-16 person. He has also submitted that presently a son of one and half year of the present applicant is also in jail with the present applicant.

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Learned counsel for the applicant has also submitted that the present applicant being a lady may be given the benefit of Section 437 Cr.P.C.. If she is released on bail, she shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order, therefore, the present applicant may be released on bail.

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Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not dispute the aforesaid contentions of learned counsel for the present applicant.

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Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. which indicates that the present applicant is not named, the statement of the witness, the antemortem injuries as has been indicated in the post-mortem report, the fact that no specific role has been attributed to the present applicant, the present applicant being a lady is carrying her one and half year son in a jail so she may be entitled to get the benefit of Section 437 Cr.P.C. and the undertaking of the present applicant that she shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall not flout the process of law, this Court is of the view that it is a fit case for bail.

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Let the present applicant (Rita Verma) be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that she

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shall not seek any adjournment on the dates fixed for evidence when 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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

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In view of the aforesaid terms, the bail application is allowed.

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Order Date :- 13.1.2023 [Rajesh Singh Chauhan,J.] Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Rita Verma v. State of U.P. Thru. Secy. Home Lko.

Case brief

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What did the court decide?

Rita Verma v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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