Allowed

Manju Devi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Sept 2024/8872/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to an applicant charged under Section 302 IPC for infanticide. The granting court cited her severe psychiatric disturbance and nearly 1.5-year delay in trial as sufficient grounds for release on personal bond with sureties.

What did the court decide?

Release on personal bond with two sureties of Rs.20,000 each, subject to conditions of attending hearings and not tampering with evidence.

Manju Devi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64836

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8872 of 2024

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Applicant :- Manju Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2. The applicant seeks enlargement on bail in FIR No.16 of 2023, under Section 302 IPC, P.S. Gosaiganj, District Sultanpur.

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3. In terms of the arguments with regard to medical condition of the applicant, a report was called. A report dated 01.09.2024 has been submitted stating that behaviour of the applicant has unexpectedly changed ever since the applicant was arrested and has shown tendencies like talking of irregular talks, disturbed sleep, running away etc., for which the applicant was referred to KGMU wherein the applicant is undergoing treatment for psychiatric condition.

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4. In terms of the FIR it was alleged that on account of superstition, the applicant had killed her own son aged about four months with a Fawda . It is a case of human sacrifice allegedly under superstition. The applicant is in custody since 08.01.2023 and trial has not even started as submitted by counsel for the applicant.

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5. Learned AGA has opposed the bail application.

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6. Although the allegations are very serious, however, considering the medical condition of the applicant and the fact that for almost 1 and 1/2 years, the trial has not even started, the applicant is entitled to be enlarged on bail on these two grounds alone. In view thereof, the application is allowed.

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7. Let the applicant Manju Devi be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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

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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 :- 19.9.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Manju Devi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Manju Devi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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