Allahabad High Court
Basmati vs State Of U.P. on 13 November, 2024
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:178041 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39006 of 2024 Applicant :- Basmati Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Srivastava,Shivangi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
Heard Shri P.C. Srivastava, learned counsel for the applicant, under the authority of Sri Rishabh Srivastava, and learned AGA for the State-respondents and perused the record.
This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Basmati, seeking enlargement on bail in Case Crime No. 234 of 2024, under Sections-323, 324, 307, 504 and 506 of the Indian Penal Code, Police Station Nichlaul, District-Mahrajganj.
Learned counsel for the applicant argued that the accused-applicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 10.09.2024; First Information Report was lodged against the applicant, her husband Prabhunarayan and daughter namely Khushi;the allegations of altercation is against all three accused persons; no specific role of giving blow by axe to the injured has been assigned against the applicant; the injured witness Golu Maurya and alleged eye witness namely Vandana Maurya and Panna in their statement have levelled general allegations against all the accused persons; the allegation is against all the accused persons whereas it is a case of solitary injury and who is the author of the said injury is not clear; the Doctor in his report has submitted that the solitary injury has been caused by hard and sharp object; there is contradiction in the statement of the witnesses; applicant is a house wife and is entitled to the benefit of Section 437 (i)(ii) first proviso and against her there is no criminal antecedent, and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that only general allegations have been levelled against the applicant and she is of no criminal antecedent.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Basmati, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 13.11.2024 Deepak/