SHAMIM AHMED
Puspha Devi W/o Shri Jai Karan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Pleadings have already been exchanged between the parties are on the record.
2. Heard Shri Suresh Kumar Yadav, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The applicant, Puspha Devi, has moved the present bail application seeking bail in Case Crime No. 327 of 2018, under Sections 302, 120-B I.P.C. Police Station Mohammadpur Khala, District Barabanki.
4. Learned counsel for the applicant submits that accused applicant has falsely been implicated in the present case. It is further submitted that the applicant was not named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses, PW-7, PW-9 and PW-10 in the trial court who have maliciously taken the name of applicant with intention to implicate the applicant falsely. The complainant in her statement before the trial court has not taken the name of applicant. As per prosecution case, the main role has been assigned to co-accused Gajraj Singh, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.04.2019 passed in Bail No. 8940 of 2018. One another co-accused, Jaikaran Singh @ C
Brijendra Singh and Others vs. State of Rajasthan
Dataram Singh vs. State of U.P. and Another
Hardeep Singh vs. State of Punjab and Others
Labhuji Amratji Thakor and Others vs. State of Gujarat and Another
The power under Section 319 Cr.P.C. should be exercised sparingly and only when strong and cogent evidence occurs against a person.
The main legal point established in the judgment is that the power under section 319 of Cr.P.C. should be exercised sparingly and only when there is much stronger evidence than mere probability of co....
The main legal point established in the judgment is that the summoning of accused under Section 319 Cr.P.C. should be based on evidence establishing more than mere complicity in the crime.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.