Allowed

Geeta Devi v. State of U.P.

Allahabad HC16 Jan 2023BAIL/57615/2022

Case brief

AI extract

What is this about?

This single bench bail application was allowed to the applicant, Geeta Devi, implicating her in murder and related offences. The court granted bail on parity grounds as identically placed co-accused were already released, noting no prima facie case for detaining her despite failing to decide on merits.

What did the court decide?

Bail granted on furnishing a personal bond and two local sureties subject to specified conditions.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57615 of 2022

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Applicant :- Geeta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Dewendra Singh 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 entire record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 56 of 2022, under Sections 302, 201, 34, 404 I.P.C., Police Station Shahjanwa, District Gorahpur with the prayer to enlarge the applicant on bail.

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It is contended by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. He further argued that applicant is not named in the first information report and his name has came into light during the course of investigation. It is submitted that first information report has been lodged against unknown persons and there is no evidence direct or circumstantial against the applicant on the basis of which he has been apprehended. It is submitted that the applicant has been taken into custody only on the basis of extra judicial confession of co-accused, which even otherwise is inadmissible as evidence. It is also pointed out that co-accused Kamlesh Gupta and Sonu Gupta have already been granted bail by co-ordinate Bench of this Court vide orders dated 21.09.2022 and 12.10.2022 in Criminal Misc. Bail Application Nos. 29389 of 2022 and 45054 of 2022, hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.03.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but did not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Considering the submissions made by learned counsel for the

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applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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

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

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

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

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(4). 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 :- 16.1.2023 T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Geeta Devi v. State of U.P.

Case brief

What is this about?

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Geeta Devi v. State of U.P.

Case brief

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