Vimla Devi vs State Of U.P.
2015 Latest Caselaw 4971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 7227 of 2015
 

 
Applicant :- Vimla Devi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arvind Kumar,Sharad Pathak
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is mother of the deceased. One Sri Upendrna Verma has committed rape upon the deceased and he was blackmailing to her, on account of some photographs and videos. In this regard the deceased has moved an application before the S. P. Barabanki. It has further been submitted that  Sri Upendra Verma used to live with pardhan and complainant is nephew of the pardhan. Only to save  Sri Upendra Verma, the false FIR has been lodged against the applicant and her  entire family members. The complainant Vishnu Kumar Verma claimed to be eye witness of the alleged incident  and his statement is not believable. It has further been submitted that only the role of catching hold to the deceased has been assigned to the applicant. The role of pressing the neck of  the deceased has been assigned to co-accused Amar Singh. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. The applicant is lady aged about 50 years.  There is no criminal history of the applicant and is in jail since 12.6.2015.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant  Vimla Devi involved in Case Crime No. 98 of 2015, under Section 302, IPC   P.S. Jahangirabad, District Barabanki 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 with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 2.12.2015

A.