Back
2023 Supreme(Online)(ALL) 18997
ALLAHABAD HIGH COURT
ISRAVATI – Appellant
Versus
STATE OF UP THROUGH SEC. HOME – Respondent
BAIL/59251/2022
In cases involving family disputes, courts may consider granting bail to accused persons, particularly women, who have no criminal history, are not flight risks, and have cooperated with the investigation, even if the FIR alleges a general and vague role in the assault.
Headnote:
BAIL - FAMILY DISPUTE - LADY ACCUSED - CONCESSIONS - SUMMARY
Fact of the Case:
The applicant, a lady, was arrested in a case involving sections 323, 504, 325, and 308 of the IPC, stemming from a family dispute. The FIR alleged a general and vague role for the applicant in the assault, and she was not identified as the principal offender.
Finding of the Court:
The court found that the applicant had no criminal history, was not a flight risk, and had cooperated with the investigation. The court also noted that the FIR assigned a general and vague role to the applicant in the assault, and that she was not identified as the principal offender.
Issues: Whether the applicant should be granted bail considering her role in the family dispute, lack of criminal history, and cooperation with the investigation.
Ratio Decidendi: The court held that the applicant was entitled to bail based on the following factors: (1) she is a lady; (2) the FIR is a fall out of a family dispute; (3) the FIR assigns a general and vague role to the applicant in the assault; (4) the applicant was not identified as the principal offender who inflicted the injuries on the injured; (5) the applicant does not have any criminal history apart from the instant case; and (6) the applicant is not a flight risk.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail, subject to certain conditions.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59251 of 2022
Applicant :- Isravati
Opposite Party :- State Of Up Through Sec. Home
Counsel for Applicant :- Parmeshwar Yadav
Counsel for Opposite Party :- G.A.,Ravi Kumar Yadav
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has
prayed to be enlarged on bail in Case Crime No.118 of
2022 at
Police
Station-Kothibhar,
District-
Maharajganj under Sections 323, 504, 325, 308 of IPC.
The applicant is in jail since 30.11.2022.
The bail application of the applicant was rejected by the
learned Additional District & Sessions Judge,
Maharajganj on 06.12.2022.
The following arguments made by Shri Parmeshwar
Yadav, learned counsel learned counsel on behalf of the
applicant, which could not be satisfactorily refuted by
learned AGA from the record, entitle the applicant for
grant of bail:
(1). The applicant is a lady.
(2). The FIR is a fall out of a family dispute.
(3). The F.I.R. assigns a general and vague role to the
applicant in the assault.
(4). The applicant was not identified as the principal
offender who inflicted the injuries on the injured.
(5). The applicant does not have any criminal history
apart from the instant case.
(6). The applicant is not a flight risk. The applicant
being a law abiding citizen has always cooperated with
the investigation and undertakes to cooperate with the
court proceedings. There is no possibility of his
influencing witnesses, tampering with the evidence or
reoffending.
In the light of the preceding discussion and without
making any observations on the merits of the case, the
bail application is allowed.
Let the applicant- Isravati be released on bail in the
aforesaid case crime number, on furnishing a personal
bond and two sureties each in the like amount to the
satisfaction of the court below. The following
conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or
influence any witness during the trial.
(ii) The applicant will appear before the trial court on
the date fixed, unless personal presence is exempted.
Order Date :- 11.1.2023
A.N. Mishra
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
