Allowed

Kanchan Devi v. State of U.P.

Allahabad HC10 Apr 2023BAIL/59890/2022

Case brief

AI extract

What is this about?

High Court allowed bail to Kanchan Devi in a dowry-related case under Sections 498-A IPC and Section 3 Dowry Prohibition Act. Grant was based on parity with a co-accused already released on bail and the applicant's clean criminal record, allowing her release on personal bond and two sureties.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties subject to conditions regarding appearance and non-interference.

Kanchan Devi Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59890 of 2022

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Applicant :- Kanchan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Jawahar Lal Yadava,Om Prakash Verma Counsel for Opposite Party :- G.A.,Kamlesh Singh

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Jawahar Lal Yadava, learned counsel for the applicant, Sri Kamlesh Singh, learned counsel for the first informant as well as Sri R.P. Patel, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 250 of 2022, under Sections 498-A, 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Deedarganj, District Azamgarh, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Patiram has already been enlarged on bail by this Court vide order dated 16.03.2023 passed in Criminal Misc. Bail Application No. 14 of 2023. The applicant is languishing in jail since 03.10.2022, having no criminal history. He further submitted that since the case of the applicant is at par with the co-accused person, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail have been vehemently opposed by learned A.G.A. and learned counsel for the first informant. However, the aforesaid factual aspects of parity to the co-accused 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

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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- Kanchan Devi, involved in aforementioned case crime number 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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i. The applicant will not tamper with the evidence during the trial.

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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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(Justice Krishan Pahal)

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Order Date :- 10.4.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Kanchan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kanchan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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