Smt Rubi v. State of U.P.
Case brief
What is this about?
This single-judge order grants bail to the applicant in a murder case after finding that prima facie material for bail has been made out, subject to conditions.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two local sureties subject to standard conditions.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17096 of 2023
Applicant :- Smt Rubi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav,Mukul Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No. 71 of 2022, under Section 302 I.P.C., Police Station Nadigaon, District Jalaun, with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is a lady. It is further submitted that the motive assigned in the first information report is falsified for the reason that after investigation no charge-sheet was filed against co-accused Rohit. It is also pointed out that the co-accused is aged 15 years. There is no occasion of having illicit relations by the co-accused with the present applicant. So far as recovery of rope on the pointing out of the applicant is concerned, it is planted on the basis of suspicion. It is also submitted that the co-accused Rohit has been exonerated and the brother of the deceased namely, Naresh has been chargesheeted in the case. It is also pointed out that the applicant is having seven months child, who is also in jail along with her. Learned counsel for applicant lastly submits that applicant is in jail since 15.12.2022 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant, charged under Section 302 IPC, is entitled to bail on prima facie grounds given the falsified motive and exonerated co-accused.
Parties & counsel
- applicant
Smt Rubi
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/17096/2023
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