Smt. Premwati v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46046 of 2023 Applicant :- Smt. Premwati Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2The FIR in question was lodged against as many as five persons alleging that the said five persons had caused injuries. Learned counsel for the applicant argues that one of the co-accused namely Mahendra has been enlarged on bail vide order dated 09.08.2023. The applicant is a lady and has been falsely implicated.

¶3Learned AGA relies upon the statement of the victim, which is on record at Page - 45, to argue that the applicant was specifically named by the victim.

¶4On perusal of the said statement, which is on record, it is revealed that a common role was assigned although different weapons were shown in the hands of the various accused.

¶5Considering the fact that the nature of injuries inflicted are prima-facie simple based upon which co-accused Mahendra was granted bail by this Court coupled with the fact that the applicant is a lady and has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Smt. Premwati be released on bail in FIR No.194 of 2023, under Section 147, 148, 149, 452, 323, 324, 307, 352, 504, 506 IPC, P.S. Kankarkheda, District Meerut on her furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

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

(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

(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. Order Date :- 1.11.2023 nishant High Court of Judicature at Allahabad