Allowed

Pooja v. State of U.P.

Allahabad HC17 Jul 2023BAIL/1054/2023

Case brief

AI extract

What is this about?

The court allowed a criminal bail application filed by Pooja in a murder case. Relying on the fact that she was implicated only through a co-accused statement, had no prior record, and co-accused were already on bail, the applicant was released on a personal bond with two sureties.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties in the like amount, subject to standard conditions of appearance and no interference with evidence.

Pooja Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:141767

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1054 of 2023

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Applicant :- Pooja Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta,Ravindra Kumar Tripathi,Tripurari Pal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Tripurari Pal, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 379 of 2022, under Sections 302, 120B IPC, Police Station Wajirganj, District Budaun during pendency of the trial.

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FIR of the present case was lodged on 18.10.2022 against unknown persons under Section 302 IPC and according to the FIR, when father of the informant was going on his motorcycle on 18.10.2022 at about 3.30 PM then two unknown motorcycle riders, who were wearing Helmets shot him dead and after hearing the noise of fire informant and his younger brother, who were working in the field immediately arrived at the spot and after seeing them assailants ran away. It is further mentioned in the FIR that informant and his brother immediately taken the injured to the Hospital where the Doctor declared him dead.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation, the name of applicant was disclosed by co-accused Rahul and except the statement of co-accused there is no other evidence against the applicant on record. He further submits that co-accused Arun, Aryan @ Kunal Singh and Rahul have already been enlarged on bail. He placed the bail orders of co-accused persons during the course of argument, which are taken on record and collectively marked as 'A'. He further submits that applicant is not having any criminal history and in the present matter she is in jail since 24.10.2022.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is lady and it appears that her involvement was revealed in the present matter through the statement of co-accused Rahul and except the conspiracy there is no allegation against her on record. Further, co-accused persons have already been released on bail and she is in jail since 24.10.2022, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Pooja be released on bail in the aforesaid case on furnishing a personal bond and 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Pooja v. State of U.P.

Case brief

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Pooja v. State of U.P.

Case brief

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