Allowed

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

Allahabad HC20 Aug 2024BAIL/8872/2024

Case brief

AI extract

What is this about?

Bail sought under Section 302 IPC for alleged killing of the applicant's four-month-old son in a superstitious human sacrifice. Court noted her psychiatric treatment at KGMU since arrest and that trial had not begun for about one-and-a-half years, and granted bail on those two grounds despite serious allegations.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties of Rs.20,000 each, subject to standard conditions.

Manju Devi vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

¶1

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

¶2

Court No. - 12

¶3

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

¶4

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.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

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

¶7

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

¶8

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.

¶9

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.

¶10

5. Learned AGA has opposed the bail application.

¶11

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.

¶12

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:

¶13

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

¶14

(b) The applicant shall not commit any offence similar to the

¶15

offence of which she is accused or suspected of the commission; and

¶16

(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.

¶17

Order Date :- 19.9.2024 nishant

¶18

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

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Raj Kumari @ Ram Kumari Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Sayeed Ahamd Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Uttam Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko.

Jai Ram vs State of U.P. Thru. Secy. Home, Lucknow and 3 Others

Vimal vs State of U.P. Thru. Secy. Home, Lko. and Others

Amit Savita @ Anshu vs State of U.P. Thru. Prin. Secy., Home Deptt., Lucknow and Others