Allowed

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

Allahabad HC10 Feb 2023BAIL/59318/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 59318 of 2022, the Allahabad High Court allowed the bail of Bharti Devi accused under various IPC sections, finding she had made out a case for bail without adjudging merits.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy local sureties subject to specific conditions.

Bharti Devi Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59318 of 2022

¶3

Applicant :- Bharti Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi

¶4

Hon'ble Dr. Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicant, Sri Vinay Kumar Tripathi, learned counsel for the informant learned A.G.A for the State and perused the record.

¶6

It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the only allegation against the applicant is that she accompanied with the co-accused and role of assault has been assigned to other accused persons. He further that no specific role has been assigned to the applicant. Learned counsel next argued that the applicant is a lady and has been falsely implicated in the instant case due to village parti bandi. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that

¶7

applicant is languishing in jail since 17.09.2022.

¶8

Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶9

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶10

Let applicant Bharti Devi involved in Case Crime No. 404 of 2022 under Sections 147, 148, 149, 302, 323, 326, 504, 452, 34 I.P.C., Police Station Baldeo, District Mathura, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶11

A. The applicant shall not tamper with the evidence during the trial.

¶12

B. The applicant shall not pressurize/ intimidate the prosecution witness.

¶13

C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

¶15

E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

¶16

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.

¶17

In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

¶18

Order Date :- 10.2.2023 S.Ali

¶19

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohit Vs State of U.P.

Sanjay Kumar Vs State of U.P.

Monish @ Mohnishkant Sharma Vs State of U.P.

Shamim Shekh Vs State of U.P.

Virendra Maurya Vs State of U.P.

Raj Kumar Alias Ram Kumar Vs State of U.P.