Allowed

Pinki Verma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC17 Jan 2024/423/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to Pinki Verma in a case under Section 304 IPC involving injury and alleged death, relying on the State Medico Legal Cell report finding natural accidental death and lack of corroborative evidence against the applicant.

What did the court decide?

The applicant to be released on bail subject to furnishing a personal bond and two reliable sureties of Rs.25,000 each on customary conditions.

Pinki Verma Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4930

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 423 of 2024

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Applicant :- Pinki Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Prem Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.458 of 2023 under section 304 IPC, P.S. Nawabganj, District Gonda.

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In terms of the FIR, it was alleged that on 19.09.2023, the brother of the informant received a phone call and he left saying that he will return within half an hour. When he did not return after one and half an hour, a phone call was made which was received at the instance of the applicant who is also an Asha Bahoo stating that the brother of the informant is quite unwell and he was with him at a Tower. It was also alleged that when the nephew of the informant went to the Tower, the applicant was said to be giving conflicting locations and when they reached the spot, the brother of the informant was lying with grievous injuries and the applicant was siting besides him and saying something in his ears. It was also stated that the nephew of the informant was informed by the deceased before dying that he had come to collect the money from the applicant and the applicant did not return the money and with the help of her brother, caused grievous injures to him. Subsequently, the brother of the informant was taken to hospital and was declared brought dead.

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In the light of the said allegations, the contention of the counsel for the applicant is that the entire case is based upon hearsay without there being any corroborative evidence. He places reliance on the report of the State Medico Legal Cell which after analyzing postmortem report, formed a view that the manner of death was on account of natural accidental phenomena. He also argues that being a responsible citizen and paramedics, she was trying to help the victim.

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Considering the said report on record, and prima - facie, there being no material to link the applicant with the offence in question coupled with the fact that the applicant has no criminal history and is a lady and in custody since 05.11.2023, the

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applicant is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Pinki Verma be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 17.1.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Pinki Verma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Pinki Verma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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