Allowed

Smt. Suman v. State of U.P.

Allahabad HC11 May 2023BAIL/18589/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to the wife of the deceased accused in a murder case where specific allegations of illicit relationship and murder were made but lacked corroborative evidence or impanelified articles.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties subject to conditions regarding non-tampering with evidence and appearance in court.

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

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Neutral Citation No. - 2023:AHC:102796

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18589 of 2023

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Applicant :- Smt. Suman Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani39,Sugandha Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 162 of 2021 under Sections 302, 201 I.P.C. Police Station- Tarya Sujan, District- Kushinagar with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is the wife of deceased Patru. She is not named in the first information report lodged by the informant Prabhu Prasad. There are specific allegations against the applicant that she was having illicit relationship with another person Mohan, so she committed murder of her husband but there is no evidence available on record to corroborate this allegation. No overact has been assigned to the applicant. The applicant is a lady. It is further contended that no recovery of any incriminating article has been made out from the pointing out of the possession of the applicant. It is further submitted that the accused Guddu, who was named in the first information report, has already been granted bail vide order dated 25.01.2023, by this Court in Criminal Misc. Bail Application No. 31228 of 2022. It is further submitted that applicant is languishing in jail since 14.05.2021 having no criminal history and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant Smt. Suman in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

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(i). The applicant will not tamper with the prosecution evidence during the trial.

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(ii). The applicant will not influence any witness.

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(iii). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(iv). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 11.5.2023 Sumit Kumar

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

Smt. Suman v. State of U.P.

Case brief

What is this about?

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Smt. Suman v. State of U.P.

Case brief

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