Allowed

Saroj Devi and 2 Others v. State of U.P.

Allahabad HC2 Jan 2023BAIL/58457/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed for three applicants accused under Section 306 IPC. The single judge considered the nature of offence, evidence, lack of prior complaint, innocence plea, and fact that co-accused were on bail while granting bail on personal bond and sureties.

What did the court decide?

Applicants released on bail by furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Saroj Devi and 2 Others Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58457 of 2022

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Applicant :- Saroj Devi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Awasthi,Neeraj Kumar Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Offence under Section 306 IPC is not attracted in the present matter. Place of incident is house of the deceased. Referring to the post-mortem report, it is further submitted that deceased committed suicide himself. Essential ingredients to attract the offence under Section 306 IPC against the applicants are lacking. No complaint had been made by the informants' side regarding the incident said to have been caused against the deceased prior to the present incident. It is further submitted by learned counsel for the applicants that co-accused namely Joni Yadav and Jaydayal have already been enlarged on bail by a coordinate Bench of this Court vide its orders dated 18.9.2020 and 11.10.2022 passed in Criminal Misc. Bail Application Nos.25137 of 2020 and 41466 of 2022, respectively. It is next submitted that applicants have no criminal history and they are languishing in jail since 16.11.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA vehemently opposed the prayer for bail but he could not dispute the fact that co-accused persons have already been enlarged on bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and coupled with the fact that co-accused persons have already been enlarged on bail 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.

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The bail application is allowed .

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Let the applicants Saroj Devi, Saneeta Devi and Premlata involved in Case Crime No. 224 of 2018, under Section 306 I.P.C., P.S.- Matsaina, District - Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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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 officer or tamper with the evidence.

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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 :- 2.1.2023 Sachin/-

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Saroj Devi and 2 Others v. State of U.P.

Case brief

What is this about?

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Saroj Devi and 2 Others v. State of U.P.

Case brief

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