Allowed

Smt. Meera and Another v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC1 Feb 2024BAIL/1123/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench allowed the bail application of two female applicants accused in a case involving death resulting from injuries. The court noted the lack of specific allegations, cross-FIR nature, and the applicants as women, granting bail conditionally.

What did the court decide?

The applicants admitted to U.P. High Court, Lucknow Bench are released on bail on personal bonds and two sureties of Rs.25,000 each.

Smt. Meera and Another vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:9572

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1123 of 2024

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Applicant :- Smt. Meera And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Dheeraj Awasthi 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 applicants as well as learned A.G.A. and perused the record.

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2 . The present bail application has been filed seeking enlargement on bail in FIR No.431 of 2023, under Sections 304, 323, 504 IPC, Police Station Makhi, District Unnao.

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3 . In terms of the FIR, it was alleged that on 27.11.2023 at about 3:30 PM, when the informant was coming on his motorcycle, a dispute occurred with regard to the certain constructions being destroyed on account of hitting by the motorcycle, which resulted into an altercation. It was also alleged that all the four accused named in the FIR caused injuries by the use of Lathi, Danda , Bricks and Stones, which resulted into substantial injuries to the informant and his father. Subsequently, the father of the informant was died during treatment.

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4 . In the light of the aforesaid allegations, it is argued by the Counsel for the applicant that an NCR was also got registered at the instance of the applicant against the informant with regard to the injuries being caused to them. He also draws my attention to the postmortem report, which discloses the cause of death as shock with septicemia due to blunt trauma abdomen ante mortem (surgical). In the light of the said, it is argued that general allegations were levelled against all the accused persons and the applicants are the ladies against whom, there are no specific allegations of causing the injuries.

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5. Learned A.G.A. vehemently opposed the bail prayer draws my attention to the statement of the informant wherein allegations were levelled against all the co-accused of causing injuries.

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6. Considering the fact that there are general allegations against

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all the co-accused and FIR itself was a cross FIR lodged at the instance of the applicant coupled with the fact that the cause of death as reflected in the postmortem report is ante mortem surgical and also the fact that the applicants are the ladies, they have no criminal case and are in custody since 02.12.2023, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicants Smt. Meera and Smt. Radhika be released on bail in the aforesaid first information report number on their furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicants shall execute a bond to undertake to attend the hearings;

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(b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

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(c) The applicants 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 :- 1.2.2024 akverma

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

Smt. Meera and Another v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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Smt. Meera and Another v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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What the court decided

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