Allahabad High Court
Jayaprada Devi vs State Of U.P. on 4 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:108383 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23627 of 2024 Applicant :- Jayaprada Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed on behalf of applicant to release the applicant on bail in Case Crime No. 45 of 2024, under Sections 323, 504, 506, 324, 326 I.P.C., P.S. Ahirauli Bazar, District Kushi Nagar during the pendency of the trial.
3. Learned counsel for the applicant has submitted that appellant is innocent and has been falsely implicated in this case due to ulterior motive. As per version of F.I.R., no any specific role has been assigned to the applicant. It is further submitted that both sides have received injuries in the incident dated 19.2.2024. As per opinion of doctor, the nature of injury sustained by the informant is simple. Appellant is a lady having 18 months baby and languishing in jail since 22.05.2024. Lastly, it is submitted that applicant has no criminal history and in case, the appellant is released on bail, she will not misuse the liberty of bail.
4. Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant but could not dispute the aspect made by the learned counsel for the applicant.
5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant Jayaprada Devi in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
7. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 4.7.2024 SY