Allowed

Rekha Devi Pandey v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC30 Jul 2024/6211/2024

Case brief

AI extract

What is this about?

In a bail application under Section 302 IPC, the Allahabad High Court allowed the applicant's release on bond. The court found the motive doubtful due to a recent will execution in her favor, noted her lack of criminal history, and the absence of direct evidence against her.

What did the court decide?

Release on bail subject to personal bond and two sureties of Rs.20,000 each, undertaking to attend hearings and not interfere with investigation.

Rekha Devi Pandey Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52198

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6211 of 2024

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Applicant :- Rekha Devi Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Avinash Kumar Sharma Counsel for Opposite Party :- G.A.,Dilip Mishra

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State. Shri Dilip Mishra, learned counsel for the informant has also been heard.

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The applicant seeks bail in F.I.R/Case Crime No.91 of 2023, under section 302 I.P.C., Police Station-Jethwara, DistrictPratapgarh.

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In terms of the F.I.R, it was alleged by the informant stating that the sister of the informant, namely, the applicant-Rekha Devi Pandey, had committed murder of her own father. It was stated that earlier the Will was executed by the father in favour of someone else. Subsequently, as the father was residing with the applicant, she used to harass him and ultimately got Will executed in her favour and later on he was found dead, as such the allegations were levelled that it was the applicant along with her husband, who had committed the offence after getting the will executed.

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Counsel for the applicant argues that the post-mortem on record indicates the presence of injuries which according to the applicant have occurred when the deceased had fallen as he was old and was suffering from lot of ailments. He further argues that the applicant had approached this Court by stating that the evidence of the mother of the applicant and the wife of the deceased were not being recorded by the police authorities on which an order was passed by a coordinate Bench of this Court on 16.01.2024 directing that the statement of the wife of the deceased be also recorded

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Considering the submissions made at the bar and opposition of the counsel for the informant, prima facie, after the execution of the registered will deed in favour of the applicant, the motive to cause the murder is not well founded coupled with the said

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fact that the applicant is a lady and has no criminal history, there being no direct evidence against her and she is entitled to be enlarged on bail. Thus, the bail application is allowed.

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Let the applicant-Rekha Devi Pandey be released on bail in aforesaid first information report number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Rs. Twenty 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 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 30.7.2024 akhilesh/-

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

Rekha Devi Pandey v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Rekha Devi Pandey v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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