Allowed

Pooja v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC5 Feb 2024BAIL/1269/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, a woman charged with offenses under Sections 323, 326, 506, and 504 of the I.P.C. The court noted her lack of criminal history, co-accused's bail status, and absence of evidence against her, allowing her release on bond.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties subject to conditions not tampering with evidence, pressuring witnesses, and appearing for trial.

Pooja 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:20906

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1269 of 2024

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Applicant :- Pooja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Anurag Singh, learned counsel for the applicant, Sri Rishikesh Verma, learned A.G.A. for the State and perused the records.

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2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 262 of 2023, under Sections 323, 326, 506, 504 I.P.C., registered at Police Station Ghungter, District Barabanki.

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3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.10.2023 against the applicant and her husband Anoop Kumar stating that the complainant resides in the neighborhood of the applicant's house; that the applicant and her husband were quarreling; the complainant's husband tried to intervene whereupon the applicant hits the complainant's husband with a pointed bamboo causing serious injuries on the face and left eye of the complainant's husband. The complainant's husband has suffered loss of vision of left eye.

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4. The learned counsel for the applicant has submitted that even as per the FIR case, the incident occurred when the complainant's husband intervene in quarrel between the applicant and her husband and the applicant did not commit the offending act with any premeditation.

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5. Co-accused Anoop Kumar has been granted bail by this court by menas of the order dated 18.12.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.14462 of 2023.

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6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history.

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7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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8. Having considered the aforesaid facts and circumstances of the case and more particularly the fact that the applicant is a woman having no previous criminal history and she is languishing in jail since 01.10.2023 whereas her husband has been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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9. Accordingly, this bail application stands allowed .

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10. Let the applicant- Pooja be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless her presence is exempted by the trial court.

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Order Date :- 7.3.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Pooja v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Pooja v. State of U.P. Thru. Prin. Secy. Home Lko.

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