Shanti Devi v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46439 of 2023 Applicant :- Shanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 285 of 2020, under Sections 308, 323, 504 IPC, Police Station Jasrana, District Firozabad, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four persons including the applicant are alleged to have assaulted the informant and his mother Anita Devi. As per the medical report of the informant, he sustained three injuries. The said injuries were found simple in nature. Insofar as the another injured Anita Devi is concerned, she sustained two injuries. The said injuries were referred for X-ray examination. As per the report of the radiologist, no abnormality seen on the skull bone, whereas she sustained a fracture of nasal bone. It is next contended that even in the statement of injured persons, no specific role has been assigned to the applicant. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the fracture of nasal bone of Anita Devi. The applicant is a lady and is in jail since

09.10.2023 having no criminal history and in case she is enlarged on bail, she will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the fracture of nasal bone of Anita Devi. The applicant has no criminal antecedents. Further, the applicant is a lady and has remained confined for more than a month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Shanti Devi, involved in the aforesaid case 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 the conditions that she:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.11.2023 Lbm/- High Court of Judicature at Allahabad