Allowed

Sadhna Bajpai v. State of U.P., Thru. Prin. the Secy. Home Deptt., Civil Secrtt. Lko.

Allahabad HC22 Feb 2024/1012/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to Sadhna Bajpai in an FIR alleging attempt to murder and culpable homicide. The court noted the absence of the deceased's body and lack of independent witnesses for recovery, viewing her arrest as based primarily on apprehension.

What did the court decide?

Release of applicant on bail via personal bonds and two sureties of Rs.20,000 each.

Sadhna Bajpai Vs State of U.P., Thru. Prin. the Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16197

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1012 of 2024

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Applicant :- Sadhna Bajpai Opposite Party :- State Of U.P., Thru. Prin. The Secy. Home Deptt., Civil Secrtt. Lko.

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Counsel for Applicant :- Ashish Raman Mishra,Udit Narayan Counsel for Opposite Party :- G.A.,Piyush Kumar Giri,Santosh Kumar Sharma

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was alleged that the son of the informant aged about 18 years had uploaded the photographs of the applicant and because of the said reason, there was an enmity in between the applicant, her friend and lover Priyanshu Mishra. It was apprehended that they would have killed the son of the informant.

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Learned counsel for the applicant argued that subsequently even the body of the deceased has not been recovered and solely based upon the apprehension, the applicant was arrested and linked with the offence in question.

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Learned counsel for the applicant has drawn my attention to the recovery memo, wherein the show and motorcycle of the deceased was allegedly recovered at the pointing out of the applicant and the other co accused. In the statement of the father of the informant as contained in counter afÏdavit, it was stated that it was the co accused Priyanshu Mishra who had threatened to kill the son of the informant. The applicant is in jail since 5.11.2022 having no criminal history, hence he may be released on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering the fact that prima facie there is no material to link the applicant with the offence in question; recovery is at the pointing out of the

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applicant is not in the presence of any independent witness coupled with the fact that the applicant being a lady languishing in jail since 5.11.2022 having no criminal history, and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Sadhna Bajpai be released on bail in FIR/ Case Crime No.347 of 2022, under Sections 364, 302, 201 I.P.C., Police Station Kotwali Nagar, District Bahraich on her furnishing personal bonds and two reliable sureties of Rs.20,000/each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

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(c) 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 her from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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Order Date :- 22.2.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sadhna Bajpai v. State of U.P., Thru. Prin. the Secy. Home Deptt., Civil Secrtt. Lko.

Case brief

What is this about?

What did the court decide?

Sadhna Bajpai v. State of U.P., Thru. Prin. the Secy. Home Deptt., Civil Secrtt. Lko.

Case brief

What is this about?

What did the court decide?

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