The High Court granted bail to the applicant charged with murder, noting the delay in investigation, lack of recovery, absence of witnesses, and her clean criminal record as grounds for relief.
Applicant released on bail on furnishing a personal bond and two sureties with specific conditions regarding conduct during trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:11990
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 912 of 2024
Applicant :- Gudiya @ Sanjana Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Irfan Alam Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
2. It is alleged in the prosecution case that on 3.7.2023 at about 11.00a.m., some altercation took place between the informant's yonger brother Alkhilesh and Gudiya Devi on some issue. Due to this dispute, the applicant along with one Bihari have murdered his brother by pressing his neck.
3. Learned counsel for the applicant submits that no investigation in this case has been done at all. It was the applicant who informed about the death of her deceased husband, which is evident from perusal of the inquest report. Still no first information report was lodged despite best efforts of the applicant. After three days delay, informant who is brother in law of the applicant in order to grab the property has lodged the first information report and has falsely implicated the applicant in connivance with the police.
The offence is alleged to have been committed on 3.7.2023, however, the first information report has been lodged on 5.7.2023 and without any investigation charge sheet has been filed on 9.7.2023, i.e. within four days. There is no recovery from the applicant. There is no eye witness of the incident. There is not even a last seen evidence. The applicant has no previous criminal history. The applicant is in jail since 5.7.2023.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. Considering the facts and circumstances of the case, the fact that the applicant who is a lady has no criminal history, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6. Let the applicant Gudiya alias Sanjana, involved in Case Crime No. 245 of 2023 under section 302 I.P.C., P.S. Visheshwarganj, district Bahraich, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section
82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
7. The application is allowed accordingly.
Order Date :- 9.2.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant is fit to be enlarged on bail given lack of investigation, no recovery, and no prior criminal history.
Whether the facts and circumstances justify granting bail in a case alleging murder.
What conditions should be imposed on the grant of bail to prevent tampering with witnesses or evidence.
4 provisions across 2 enactments
Gudiya @ Sanjana
State Of U.P. Thru. Prin.Secy. Home
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
