High Court
Case Details
Neutral Citation No. - 2025:AHC:111240 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15100 of 2025 Applicant :- Sushma Devi Alias Sushma Kesari Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Ranjana Tripathi,Rizwan Ahamad Counsel for Opposite Party :- Bipin Kumar,G.A.
Legal Reasoning
Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Dilip Kumar, learned Sr. Counsel assisted by Sri Rajrshi Gupta, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sushma Devi Alias Sushma Kesari, seeking enlargement on bail in Case Crime No. 278 of 2023, under Sections 504, 506, 304, 452 of I.P.C., Police Station- Phoolpur, District- Prayagraj during the pendency of the trial before the court below. 3. Learned Sr. Counsel appearing for the applicant has argued that the applicant is entirely innocent and has been falsely roped in this very case crime number for ulterior motive and has not committed the offence alleged. The bail application of the applicant moved before the court below has been rejected by the learned Additional District and Sessions Judge, court no. 1, Allahabad vide order dated 24.04.2025 and the applicant is confined in jail since 06.04.2025. 4. Learned Sr. Counsel for the applicant has argued that the genesis of the aforesaid case crime number nominating three persons including the applicant with the allegation that the informant/victim, Sachin Kesari along with his father was sitting in his house when he is stated to have been assaulted by the named accused resulting in serious injuries to his body. On the intervention of the villagers who came there on hearing the noise, the accused persons made their escape good by hurling abuses and threatening for life. The FIR was lodged after delay of two days without offering any plausible reasons for the delay. During the course of the investigation, the Investigating Officer recorded the statement of the victim/informant on 09.08.2023 in which he has supported the FIR version and made general allegations against the named accused persons including the applicant to have caused serious injuries to his father. Statement of the victim, Lal Chandra, was also recorded who has stated about the injuries suffered by him. The FIR version is also supported by one other injured witness, Shivam Kesari in his statement recorded under Section 161 Cr.P.C. Lal Chandra, father of the first informant, died on 15.08.2023 at home. The post-mortem report of the deceased, Lal Chandra, reveals six ante-mortem injuries which are as under: "i. Contusion 26 cm x 14 cm on the Lt. Shoulder to the Neck on dissection Lt. side shoulder joint humorous bone. ii. Lacerated partially Heal wound 4 cm x 4 cm on the Lt. elbow joint. iii. Contusion 20 cm x 10 cm on the Lt. laterally back of abdomen. iv. Heal would 15 cm x 12 stitch marks present on upper part of thigh (iliac spine) on dissection Lt. Pelvic bone # e implant present. v. Contusion 4 cm x 4 cm on the Lt. Knee joint. vi. Contusion 6 cm x 5 cm on the Rt. side medially lower just above Knee joint." 5. Learned Sr. Counsel further submits that the post-mortem report reveals the cause of death to be septicemic shock to AMI noted (infection both lungs). Learned Sr. Counsel has invited the attention of the Court to the medico-legal examination report of the deceased, Lal Chandra, which reveals the following injuries: "i. Complaint of severe pain C contused swelling of size 3x 2.5 cm present over Lt. shoulder joint Adv.-X-ray. ii. lacerated would size 02x 1.0 cm present over Lt. elbow joint. iii.C/o severe pain during movement on Lt. hip region, Adv. X-ray. Opinion:- injury no. 2 is simple and injury no. 1 and 3 is KUO and advised X-ray." 6. Learned Sr. counsel further submits that the X-ray report shows fracture neck c/o Humerus is seen. It has also been submitted that the deceased Lal Chandra was admitted into Krishna Hospital and Trauma Centre, Multispeciality Hospital, Stanley Road, Prayagraj on 31.07.2023 at 1:34 pm and discharged on 07.08.2023. The deceased, Lal Chandra, was also operated upon on 31.08.2023. 7. It is argued by learned Senior Counsel that the injuries suffered by the deceased were not so serious to have caused the death. The post-mortem examination reveals that cause of death is septicemic shock due to AMI (noted infection both lungs). The deceased was operated upon and septicemia spread resulting in death. Omnibus allegations have been raised in the FIR and no specific role has been assigned to the applicant. Who is the author of the injuries cannot be ascertained at this stage. The applicant has criminal antecedents of one other case which has been duly explained in para 31 of the affidavit filed in support of the bail application. The applicant is an old and infirm lady of 55 years of age and is entitled to the benefit of Section 480(i)(ii) of B.N.S.S. and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 8. Per contra, Learned AGA has vehemently opposed the bail plea by submitting that the accused persons including the applicant have caused grievous injuries to the father of the informant which ultimately resulted in death, however, he could not controvert the submissions of the learned Sr. Counsel. 9. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, mandate of Section 480(i)(ii) of B.N.S.S., but without commenting on merit of case, a case for bail is made out. 10. Accordingly, the bail application is allowed. 11. Let the accused-applicant, Sushma Devi Alias Sushma Kesari, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 12. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 11.7.2025 Anjali Digitally signed by :- Digitally signed by :- ANJALI SHARMA ANJALI SHARMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad