Allowed

Savitri Devi v. State of U.P.

Allahabad HC23 Jun 2023BAIL/21474/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of Savitri Devi, a female accused in a murder and cheating case. Considering that a co-accused with an identical role was granted bail and the accused has no prior record, the court held that a case for bail was made out.

What did the court decide?

The applicant discharged on executing a personal bond and two sureties with conditions for trial attendance and cooperation.

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

¶1

Neutral Citation No. - 2023:AHC:128185

¶2

Court No. - 50

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21474 of 2023

¶4

Applicant :- Savitri Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.,Ravi Prakash Singh

¶5

Hon'ble Syed Aftab Husain Rizvi,J.

¶6

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

¶7

The present bail application has been filed by the applicant to enlarge her on bail in case crime no.80 of 2023 under Sections 452, 323, 304, 504, 506 I.P.C., P.S. Gabhana, District- Aligarh.

¶8

The learned counsel for applicant contends that applicant and three others have been named in the F.I.R. but the actual role of assault has been attributed to the coaccused, namely, Pramod. According to the allegations of the F.I.R., Pramod has given a fatal blow by spade over the head of Manveer (deceased) causing wound over his head. It is further contended that the general role has been assigned to the remaining accused persons. The co-accused, namely, Gajraj Singh whose role is identical to that of present applicant has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.06.2023 passed in Criminal Misc. Bail Application No.21847 of 2023. It is further contended that applicant is a woman and she has no previous criminal history. Lastly, it is contended that applicant is in jail since 11.03.2023 and she undertakes that she will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

¶9

The learned AGA and the learned counsel for first informant have opposed the prayer for bail and submitted that applicant is named in the F.I.R. and she has also

¶10

participated in the alleged marpeet in which one person has died and two others have received injuries. The offence is of heinous nature, hence, the applicant is not entitled to be enlarged on bail.

¶11

Considering the rival submissions of the parties, the allegations made in the F.I.R., the role assigned to the applicant and the fact that co-accused Gajraj Singh with identical role has been enlarged on bail by a co-ordinate Bench of this Court, the nature and gravity of the offence, the severity of punishment, the evidence & other material available on record and all other attending facts and circumstances of the case, in view of this Court, a case for bail is made out.

¶12

Accordingly, the bail application is allowed .

¶13

Let the applicant- Savitri Devi involved in the aforesaid case, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

¶14

This bail order would be subject to the fulfillment of following conditions:-

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel.

¶17

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

¶18

Order Date :- 23.6.2023 SP/-

¶19

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Savitri Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Savitri Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammad Taufeeq @ Maunu Vs State of U.P.

Kuldeep Gaur Vs State of U.P.

Kashmir Singh Vs State of U.P.

Ashwani Alias Soni Vs State of U.P. and 3 Others

Pawan Kumar Pandey and Another Vs State of U.P. and Anothers

Ajay Gond Vs State of U.P. and Another