Allowed

Smt. Prabha Devi and Another v. State of U.P.

Allahabad HC2 Feb 2023BAIL/58043/2022

Case brief

AI extract

What is this about?

The High Court ordered bail for two accused persons charged under Section 304 IPC, relying on the parity of their case with an already-bailed co-accused and the concern of jail overcrowding under Article 21, without expressing an opinion on the merits of the charge.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each with conditions against tampering with evidence, intimidating witnesses, and committing similar offenses.

Smt. Prabha Devi and Another Vs State of U.P. — Property and Title | Allahabad HC (2023)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58043 of 2022

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Applicant :- Smt. Prabha Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Abhishek Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned A.G.A for the State.

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The submission is that co-accused, Kamlesh Yadav, has already been enlarged on bail vide Criminal Misc. Bail Application No. 49294 of 2022 on 1.12.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicants are in jail since 17.9.2022.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Smt. Prabha Devi and Smt. Neetu Devi @ Kalniya, involved in Case Crime No. 601 of 2022, under Section 304 IPC, Police StationSirsaganj District- Firozabad, 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution witness.

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The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicants 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 them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 2.2.2023 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Smt. Prabha Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Prabha Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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