Allahabad High Court
Rita Devi vs State Of U.P.And Another on 23 July, 2021
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL APPEAL No. - 1560 of 2021 Appellant :- Rita Devi Respondent :- State Of U.P.And Another Counsel for Appellant :- Krishna Kant Upadhyay Counsel for Respondent :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
Notice was sent to respondent no.2 and the Chief Judicial Magistrate, concerned vide letter dated 19.07.2021 has submitted that the notice has been personally served on respondent no.2.
None is present for the respondent no.2.
This criminal appeal has been filed by appellant Rita Devi against the impugned order dated 05.03.2021 passed by learned Special Judge, SC/ST Act, Deoria passed in IInd Bail Application No. 295 of 2021, CNR No. 010008532021 (Rita Devi and another vs. State of U.P.), arising out of Case Crime No. 204 of 2020, under Sections 302, 307, 324, 504/34 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Tarkulwa, District-Deoria by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.
The FIR version is that on the date and time of incident all the three accused persons who are named in the FIR came to the house of the informant and started quarreling and abusing in relation to the dispute about the path way and in the course of quarrel the accused Ram Bharosa assaulted by his knife on the informant and her daughter, both sustained injuries. The accused persons ran away from the place. During the treatment, the deceased died, thereafter, the FIR was registered.
Submission of learned counsel for the appellant is that the appellant is challenging the impugned order dated 05.03.2021 on the ground that the witnesses have given contradictory version for the incident. No specific role has been assigned to the appellant except that she was with the other accused persons. No incriminating article has been recovered from the appellant. Only co-accused Ram Bharosa has been assigned the role of causing injury by knife and only stabbed wound injury has been found on the dead body. The FIR is delayed for which there is no explanation. It has been further submitted that the appellant has been falsely implicated because of enmity. Learned court below wrongly rejected the bail application without considering that the appellant is a woman. Further submission is that except that appellant was with the co-accused persons, no active role has been assigned. She did not assault anyone and assault by knife has been assigned on co-accused Ram Bharosa. Learned court below did not appreciate this aspect of the case and illegally rejected the bail application, which is liable to be set aside. Further submission is that the appellant is in jail since 07.12.2020 and there is also no possibility of her either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has vehemently opposed the prayer but this fact has not been disputed that no role has been assigned to the appellant except that she was an accompanying with the other accused persons.
This appears to be a very important fact that in the FIR no role has been assigned to the appellant. She is a woman and she is in jail from the last more than 7 months, therefore, she is entitled for benefit of Section 437 Cr.P.C. Learned Special judge did not consider this aspect and mechanical way rejected the bail application of the appellant. I find that apparent illegality in the impugned order, which is liable to be set aside.
In the result, appeal is allowed. Impugned order dated 05.03.2021 passed by learned Special Judge, SC/ST Act, Deoria is set aside.
Let appellant-applicant Rita Devi be released on bail in IInd Bail Application No. 295 of 2021, CNR No. 010008532021 (Rita Devi and another vs. State of U.P.), arising out of Case Crime No. 204 of 2020, under Sections 302, 307, 324, 504/34 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Tarkulwa, District-Deoria on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant-appellant to prison.
Order Date :- 23.7.2021 Mini