Allahabad High Court
Ramavati Devi vs State Of U.P. on 19 January, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59760 of 2022 Applicant :- Ramavati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Singh,Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard Sri Chandan Singh, learned counsel for the applicant, Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party, and Sri Ashwini Kumar Singh, learned counsel for the informant.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 334 of 2022, under Sections 147, 323, 504, 506, 427, 325, 307 I.P.C., Police Station Nebua Naurangiya, District Kushinagar during the pendency of the trial.
It is contended that the applicant is a lady and has been falsely implicated in the instant case. As per the allegations in the first information report, 14 co-accused persons including the applicant are alleged to have assaulted 6 injured persons. No specific role has been assigned to the applicant. It is next contended that co-accused Ramasare, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 166 of 2023 (Ramasare v. State of U.P.) vide order dated 11.01.2023. The applicant claims parity. The applicant is in jail since 24.09.2022 having no criminal history and if she is released on bail, she will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Ramavati Devi, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that she:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.1.2023 SKT/-