This court allowed a bail application for a 53-year-old female accused in a criminal case involving cow protection offenses. The court held the applicant is not needed for custodial investigation post-charge sheet and granted bail subject to sureties.
Acquitted on bail by personal bond and two sureties.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13319 of 2023
Applicant :- Munni Devi @ Sushma Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya,Pradeep Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.
The instant bail application has been filed on behalf of the applicant, with a prayer to release her on regular bail in Case Crime No. 151 of 2021, under Sections 147, 148, 323, 504, 308, 427 I.P.C. registered at P.S. Kotwali Dehat, District Banda.
The prosecution case is that on 15.08.2021 at around 8:30 p.m., the accused persons comprising 25 in number, barged into the house of the complainant carrying sticks; they abused the other family members present in the house and caused injury to Atul, Achal, Smt. Maya Devi and Ruby. Initially, the FIR was registered under sections 147, 323, and 504 I.P.C. Later, section 308 I.P.C. was added. After that, the charge sheet was submitted under sections 147, 148, 323, 504, 308, and 427 I.P.C., police station Kotwali Dehat, district Banda.
Learned counsel submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives at the behest of the complainant. He further submits that a coordinate bench of this court has granted bail to Ranjeet, Raj Karan Kushwaha, and Rajaram Kushwaha vide orders dated 22.03.2023,
09.12.2021 and 16.12.2021 in Criminal Misc. Bail Application Nos. 8171 of 2023, 43386 of 2021 and 43705 of 2021, respectively.
Learned counsel further submits that the applicant is a lady aged about 53 years with four children and no one in the family to take care of them. He further submits that the applicant is not required for custodial interrogation by the police. The accused applicant has no previous criminal history and has been languishing in jail since 10.02.2022 because of the present case. If the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned A.G.A. submits that serious injuries are caused to the victims by the accused persons named in the FIR. Even though the investigation is complete, qua applicant and the charge sheet have been filed against her. Still, the applicant is not entitled to be released on bail at this stage.
Having heard the learned counsel for the parties and after perusing the record, it transpires that the charge sheet has already been filed against the accused-applicant. Ordinarily, the accused is not required for custodial interrogation after filing the charge sheet in such cases, so the applicant is not required for investigation. At this stage, there is no point in keeping the accused – applicant in jail. The accused-applicant is a woman and is also entitled to the benefit provided under Section 437 (1) Cr.P.C.; the applicant has four children, and there is no one in the family to take care of them further, not involved in any other case. Considering the totality of the circumstances, the accused-applicant is entitled to bail. Therefore, the bail application is allowed.
Let the applicant, Munni Devi @ Sushma , be released on bail on
her furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.
Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.
Order Date :- 24.3.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether a female accused aged 53 years is entitled to regular bail after filing of charge sheet to avoid unnecessary custody.
Whether the applicant is required for custodial interrogation post-charge sheet.
1 provisions across 1 enactments
Munni Devi @ Sushma
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
