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Suggi Devi vs State Of U P

High Court Of Judicature at Allahabad|16 August, 2021
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JUDGMENT / ORDER

Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25472 of 2021 Applicant :- Suggi Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Kumar,Firdos Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 08 of 2021, under Sections 323, 504, 336, 308 IPC, Police Station Mohabbatpur, District - Kaushambi with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant and it was alleged in the report that father of the complainant Ram Khelawan (deceased) was beaten with lathi-danda and bricks by the named accused persons and later on, he died.
From the perusal of the record of this case, it reveals that the post-mortem of the body of the deceased was conducted and the doctor opined that there was no external injury seen on the body of the deceased Ram Khelawan and the cause of death was mentioned in the post-mortem report by the doctor that the deceased died due to ante-mortem acute myocardial infection (AMI) and heart was preserved for biological examination.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the other co-accused namely Nirasha Devi has already been granted bail by another Bench of this Court and her bail order is annexed on page No. 59 onward to the bail application. It is argued that the present accused applicant deserves bail on the ground of parity as the role assigned to the present accused is similar to the role assigned to other co-accused Nirasha Devi, who has already been granted bail by this Court. Lastly, it is argued that the applicant is in jail since 17.02.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused Nirasha Devi.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Looking to the post-mortem report of this incident, the concerned S.P./S.S.P., Kaushambi is directed to look into the matter and see what is the condition of the investigation conducted by the police in the District and take appropriate action against the concerned Investigating Officer who has conducted the investigation of this case and how and in what manner he has submitted the charge sheet against the accused persons when there was no external injuries on the person of the deceased and the deceased in this case has died due to AMI, is surprising and frightening and it is a subject matter of great concern. A report be submitted to this Court as to what action is taken against the erring official.
The Senior Superintendent of Police, Kaushambi is further directed to monitor and supervise the investigation in the heinous offence. He is further directed to see that innocent people are not implicated in heinous matters falsely without there being any cogent and reliable evidence.
A copy of this order be furnished to the learned AGA for communication of the same to the concerned police authorities at Kaushambi district.
The prayer for bail is granted. The application is allowed.
Let applicant Suggi Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.08.26 11:58:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Title

Suggi Devi vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
16 August, 2021
Judges
  • Ajit Singh
Advocates
  • Mahesh Kumar Firdos Ahmad