Sheela Devi v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48123 of 2023 Applicant :- Sheela Devi Opposite Party :- State of U.P. Counsel for Applicant :- Narsingh Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶2Applicant seeks bail in Case Crime No. 169 of 2023, U/S 323, 504, 506, 316 IPC, Police Station Nautanava, District Maharajganj, during the pendency of trial.

¶3As per prosecution story, the applicant is stated to have assaulted the wife of the informant on 3.6.2023 at about 1.00 pm, when she was busy in plucking cucumbers from her field.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. He has further stated that the FIR is delayed by two days and there is no explanation of the said delay caused. It is next stated that there is no injury report to corroborate the prosecution story. Certain complications were observed by the victim, as such, the foetus was aborted.

¶5Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.9.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail.

6.Learned A.G.A. has vehemently opposed the bail application, but could not dispute the said fact that applicant has no criminal history.

¶7Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Sheela Devi who is involved in aforementioned case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 8.11.2023 Shalini High Court of Judicature at Allahabad