Allowed

Annu Widow v. State of U.P.

Allahabad HC16 Feb 2023BAIL/5950/2023

Case brief

AI extract

What is this about?

In a bail application under Section 306 IPC, the Allahabad High Court granted bail to the applicant on grounds of parity with a co-accused who was already released on bail and due to the applicant's lack of criminal history, without deciding merits of the case.

What did the court decide?

Release on bail upon furnishing personal bond and two heavy sureties, subject to conditions against tampering evidence or intimidating witnesses.

Annu Widow Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5950 of 2023

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Applicant :- Annu Widow Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Singh,Ritesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ritesh Singh, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 180 of 2022, under Section 306 IPC, Police Station Surajpur, District Gautam Budh Nagar, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Ujvesh has already been enlarged on bail by this Court vide order dated 16.7.2022 passed in Criminal Misc. Bail Application No. 18223 of 2022. The applicant is languishing in jail since 22.9.2022 having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, 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 on the ground of parity.

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Let the applicant- Annu Widow involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness.

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

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iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. 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 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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 16.2.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Annu Widow v. State of U.P.

Case brief

What is this about?

What did the court decide?

Annu Widow v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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