Kusuma Devi v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40482 of 2023 Applicant :- Kusuma Devi Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2Heard Sri Chandra Bhan Kushwaha, learned counsel for the applicant and Sri Santosh Kushwaha, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 302 of 2023, under Section 304 IPC, Police Station-Ujhani, District-Budaun, during pendency of the trial in the court below.

¶4FIR of the present case was lodged on 09.06.2023 under Sections 326, 325, 323 IPC against applicant and three others and according to the FIR, the husband of the informant had gone to see his bua on 02.06.2023 and in the night at about 10:00 p.m. informant received a call that her husband sustained injuries by falling from the roof and thereafter when next day i.e. on

03.06.2023, informant arrived then found that the injuries sustained to her husband could not be caused by falling from the roof. It is further mentioned in the FIR that applicant and other accused persons assaulted him and condition of her husband is serious.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and admittedly informant of the case was not an eye-witness. He further submitted that although, during investigation, some witnesses stated that applicant and other accused persons made assault upon the deceased but some witnesses also stated that co-accused Ramu made assault upon husband of the informant and applicant is the person, who has taken him to the hospital.

¶6He further submitted that during treatment unfortunately husband of the deceased died and on the basis of general allegation applicant, who is a lady, has been made accused in the present matter.

¶7He further submitted that applicant is not having any criminal history and she is in jail since 28.07.2023.

¶8Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that applicant is a lady and only general and omnibus allegation has been levelled against her and some prosecution witnesses categorically stated that she did not cause any injury to the deceased rather alongwith others she has taken the deceased to the hospital, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Kusuma Devi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 1.11.2023 KK Patel High Court of Judicature at Allahabad