Urmila v. State of U.P. Thru.Prin.Secy. Home Deptt

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12435 of 2023 Applicant :- Urmila Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri O.P. Tiwari, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and Sri Vivek Shukla, Advocate, who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 281 of 2023, under Sections 308, 323, 504, 506 I.P.C., registered at Police Station Hasanganj, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on against the applicant and her husband stating that the accused persons had beaten up the informant's daughter at about 10.00 p.m. on 02.09.2023. The victim was treated in a private hospital and treatment papers mentions alleged history of physical assault but it does not make a mention of any injuries suffered by the victim.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is an innocent woman, she has been falsely implicated in the present case and she has no criminal history.

¶5The learned A.G.A. for the State and the learned counsel for the informant have opposed the bail application but they could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the medical papers do not make a mention of any injury suffered by the victim and that the applicant is a woman having no previous criminal history and she is languishing in jail since 14.09.2023 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-Urmila be released on bail in Case Crime No. 281 of 2023, under Sections 308, 323, 504, 506 I.P.C., registered at Police Station Hasanganj, District Unnao 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 :- 19.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench