Bitto @ Bittan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

Bitto @ Bittan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Bitto @ Bittan released on bail in FIR No. 120 of 2022 under sections 147, 148, 323, 354B, 504, 506, 307 and section 34 I.P.C., P.S. Rajpur, district-Kanpur Dehat, on furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of the court concerned, subject to conditions (a) to (c).

Issue for consideration

Whether the applicant Bitto @ Bittan, a lady with no criminal antecedents in jail since 4.9.2023, is entitled to be enlarged on bail in FIR No. 120 of 2022 under sections 147, 148, 323, 354B, 504, 506, 307 and 34 I.P.C., where the victim's section 164 Cr.P.C. statement makes no allegation of causing injuries against her and states only that she tore the victim's clothes.

Court's answer

Although the FIR alleged assault on the informant's wife by the accused persons including the applicant, the victim in her statement under Section 164 Cr.P.C. denied the allegation and stated that the applicant tore her clothes; in view thereof the bail application is allowed.

Ratio / Principle

Applicant Bitto @ Bittan to be released on bail in FIR No. 120 of 2022, under sections 147, 148, 323, 354B, 504, 506, 307 and section 34 I.P.C., P.S. Rajpur, district-Kanpur Dehat.

Key takeaways

Release conditioned on the applicant furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of the court concerned.ratio¶¶10
Bail subject to conditions: (a) the applicant shall execute a bond to undertake to attend the hearings; (b) she shall not commit any offence similar to that of which she is accused or suspected; and (c) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with the evidence.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Pankaj Bhatia, J.), CRIMINAL MISC. BAIL APPLICATION No. 45934 of 2023, neutral citation 2023:AHC:215648, order dated 7.11.2023. FIR No. 120 of 2022, P.S. Rajpur, district Kanpur Dehat, under sections 147, 148, 323, 354B, 504, 506, 307 and section 34 I.P.C. alleged that eight named persons, including the lady applicant Bitto @ Bittan, caused severe injuries to the informant's wife. The victim, in her statement under section 164 Cr.P.C., made no allegation of causing injuries against the applicant and stated that the applicant had torned her clothes. Counsel for the applicant urged that the applicant, being a lady, was entitled to benefit under section 437 Cr.P.C., had no criminal antecedents, and was in jail since 4.9.2023; the learned AGA opposed. Held, allowing the application: in view of the victim's section 164 Cr.P.C. statement denying the assault and attributing only the tearing of her clothes to the applicant, the applicant was to be released on bail on furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of the court concerned, subject to conditions — attendance at hearings, commission of no similar offence, and no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.