Sudha Devi v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46160 of 2023 Applicant :- Sudha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that on account of the dispute in between the families, who are Pattidar, the accused attacked the husband of the informant, which resulted in severe injuries.

¶3It is argued by the Counsel for the applicant that the FIR was lodged against the entire family members including the applicant, against whom, no specific role has been assigned. The medical report on record indicates the injury on head.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that no specific role causing injuries has been assigned to the applicant coupled with the fact that the applicant does not have any criminal antecedents and is in custody since 22.09.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Sudha Devi be released on bail in FIR/ Case Crime No.748 of 2023, under Sections 452, 323, 504, 506, 307, 427 IPC, Police Station Kotwali Padrauna, District Kushinagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the 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 he 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 akverma High Court of Judicature at Allahabad