Smt. Mamta v. State of U.P.
Case brief
What is this about?
Single judge granted bail to the applicant, Smt. Mamta, accused of murder and criminal conspiracy, citing jail overcrowding and procedural issues in the investigation.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two sureties, subject to verification, and compliance with standard bail conditions.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2109 of 2023
Applicant :- Smt. Mamta Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Smt. Mamta, with a prayer to release him on bail in Case Crime No. 648 of 2022, under Sections 302,201,120-B IPC Police Station Ujhani, District- Budaun, during pendency of trial.
There is allegation against the applicant that she has caused the murder of her own son because of her illicit relationship with her tenant,Brahampal Singh.Learned counsel for the applicant has submitted that the First Information Report was lodged by the husband of the applicant against unknown accused.The dead body of the deceased was recovered from open place.His death was caused on account of strangulation.There are no eye witnesses of the incident.Applicant has been falsely implicated in this case.She is in jail since 28.9.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant in a cheating, cheating and forgery and criminal conspiracy case.
Whether the applicant can be released on bail considering the overcrowding in jails and the uncertainty of the trial.
Whether conditions should be imposed on the applicant after granting bail.
Parties & counsel
- applicant
Smt. Mamta
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2109/2023
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