Annu @ Vimlesh Kumari v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrett. Lko.
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 9.1.2024 in CRIMINAL MISC. BAIL APPLICATION No. 8284 of 2023 (Neutral Citation 2024:AHC-LKO:2113): bail allowed to woman accused Annu @ Vimlesh Kumari (aged about 35, mother of two, no criminal antecedents, in custody since 19.12.2022) in Case Crime No. 0735 of 2022 under Sections 302 & 201 I.P.C., P.S. Bachhrawan, District Lucknow; defence contention that prosecution case rested only on custodial confession and recovery of weapon stick without independent witness, with no eye witness or circumstantial evidence; release on personal bond and two sureties subject to bail conditions invoking Section 229-A IPC, Section 82 Cr.P.C. and Section 174-A IPC.
What did the court decide?
Applicant Annu @ Vimlesh Kumari to be released on bail in Case Crime No. 0735 of 2022 on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurize/intimidate prosecution witnesses; (iii) not to make any inducement, threat or promise to dissuade disclosure of facts; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, default being treated as abuse of liberty of bail; (v) to remain present before the trial court on each date fixed, personally or through counsel, absence without sufficient cause inviting proceedings under Section 229-A IPC; (vi) in case of misuse of liberty of bail and failure to appear pursuant to proclamation under Section 82 Cr.P.C., proceedings under Section 174-A IPC.