Allowed

Poonam Devi and Another v. State of U.P.

Allahabad HC9 Nov 2023BAIL/43863/2023

Case brief

AI extract

What is this about?

The High Court of Allahabad disposed of a bail application under Section 439 Cr.P.C. filed by two applicants. The single judge considered submissions regarding false implication and lack of criminal history but did not comment on merits before granting bail on personal bond and sureties with specific conditions.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties.

Poonam Devi and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216010

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43863 of 2023

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Applicant :- Poonam Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard learned counsel for the applicants, learned A.G.A for the State-opposite party and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 275 of 2023, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Simbhawali, District- Hapur, during the pendency of trial.

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Counsel for the applicants submitted that the applicants have been falsely implicated in the instant case. He further submits that applicant no. 1 is simply a house wife, whereas applicant no. 2 is working in Indian Army. According to Gang-Chart, there is only one case against the applicants, which is registered as Case Crime No. 366 of 2023, under Sections 307, 302, 120-B I.P.C, in which the applicants have already been released on bail. Copy of the same is annexed as Annexure No. 5 to the application. Applicants have no criminal history to their credit. The applicants are in jail since 05.09.2023. In case, they enlarged on bail, they will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

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Let the applicants - Poonam Devi and Naveen Kumar, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses:

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(iv) shall appear before the concerned S.H.O. on any day of first week of every month till the further order of the trial court.

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

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Order Date :- 9.11.2023 Vinod.

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

Poonam Devi and Another v. State of U.P.

Case brief

What is this about?

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Poonam Devi and Another v. State of U.P.

Case brief

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