Allowed

Vandana v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC5 Jul 2023/746/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 746 of 2023, the Allahabad High Court (Lucknow Bench) considered whether to release the applicant Vandana on bail. The court noted no specific allegation against her and no criminal antecedents.

What did the court decide?

The applicant Vandana be released on bail in FIR No.295 of 2022 by furnishing a personal bond with two sureties of like amount to the satisfaction of the court.

Vandana Vs State of U.P. Thru. Prin… — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43018

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 746 of 2023

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Applicant :- Vandana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The FIR in question was lodged alleging that the brother of informant had gone to his in-laws house where he was beaten up, as a result whereof, he died.

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3. Learned counsel for the applicant argues that even as per the statement of the Pradhan on record, based upon which the applicant is under detention, it was stated that the deceased had come to the house and he was drunk and he used to fight, as a result whereof, there was an alteration which resulted into the deceased being beaten by the family members. The Pradhan specifically stated that one Sumitra and Arun were carrying Danda in their hand. In the light of the said, he argues that there is no assertion as against the applicant. The applicant is a lady and is in custody since 25.06.2022 and has no criminal antecedents.

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4. Learned AGA has opposed the bail application.

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5. Considering the nature of the allegation in the FIR being general as well as the statement of the Pradhan which assigns the role of holding Danda by Sumitra and Arun and there being no specific allegation against the applicant coupled with the fact that the applicant has no criminal antecedent and there is nothing on record to demonstrate that the applicant, if enlarged on bail, would adversely affect the trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Vandana be released on bail in FIR No.295 of 2022, under Sections 304, 506 IPC, P.S. Kotwali Dehat, District Sultanpur, on her furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the

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hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 5.7.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Vandana v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

Vandana v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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