Smt. Seema Devi v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12167 of 2023 Applicant :- Smt. Seema Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ripu Daman Shahi,Mohd. Hayan Hasan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ripu Daman Shahi, learned counsel for the applicant, Sri Gyanendra Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 77 of 2022, under Sections 147, 148, 149, 352, 332, 333, 353, 336, 323, 324, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, registered at Police Station Harpalpur, District Hardoi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.02.2023 lodged by Station House Officer against eight named persons, including the applicant, and some unknown persons, alleging that when a police team had gone to prevent the accused persons from taking forcible possession of a disputed land by them, accused persons assaulted the police team with sticks and other weapons and they indulged in brick batting also causing injuries to the S.H.O. and some other police persons.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is an innocent woman having no criminal history and is a nursing mother of one year old child.

¶5The learned A.G.A. has opposed the prayer for bail and on the basis of instructions has submitted that the informant has suffered a hairline fracture in his neck.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR contains general allegations against numerous persons and there is no specific allegation against the applicant; that the applicant is a young woman, who is a nursing mother of one year's old child and that the Supreme Court in Nihat Bano vs State of U.P.: Petition for Special Leave to Appeal (Crl) No.8667 of 2023, has granted bail to the applicant on similar sole ground; that the applicant has no previous criminal history and she is languishing in jail since 20.09.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Smt. Seema Devi be released on bail in Case Crime No. 77 of 2022, under Sections 147, 148, 149, 352, 332, 333, 353, 336, 323, 324, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, registered at Police Station Harpalpur, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 12.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench