Allowed

Rina Devi v. State of U.P.

Allahabad HC11 May 2023BAIL/11083/2023

Case brief

AI extract

What is this about?

In a bail application in a murder case, the court considered that the charges were based primarily on suspicion regarding an illicit relationship. Finding no substantive evidence against the applicant, the High Court of Judicature at Allahabad allowed the bail application on bond and conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each with conditions to appear, not tamper with witnesses, and avoid criminal activity.

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

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Neutral Citation No. - 2023:AHC:102655

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11083 of 2023

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Applicant :- Rina Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rajnish Shukla, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.184 of 2022, under Sections 302, 120B IPC, Police Station Gulariha, District Gorakhpur, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and co-accused Ramdaras and it appears from the FIR that it was lodged on the basis of suspicion.

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Learned counsel for the applicant submitted that applicant is the wife of the deceased and merely on the basis of suspicion she was made accused in the present matter by her son i.e. informant and his son was having doubt that applicant was having illicit relationship with the co-accused Ramdaras and except suspicion there is no other evidence against the applicant on record, therefore, she may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that except suspicion there is no other evidence against the applicant, on record. However, he further submitted that applicant was having illicit relationship with coaccused Ramdaras and her husband died homicidal death, therefore, it reflects that she alongwith his paramour committed murder of her husband i.e. deceased.

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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 the wife of the deceased and it appears that she was having some illicit relation ship with co-accused Ramdaras and only due to this reason on the basis of suspicion, she was made accused in the present matter.

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From the perusal of the record, it reflects that except suspicion and motive, there is no other evidence against the applicant on record, therefore, considering the evidence available on record, in my view, applicant who is lady 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- Rina Devi , 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 her 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 her 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 antisocial 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 :- 11.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Rina Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rina Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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