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High Courts(2008) 09 AHC CK 0161

Radhika @ Lalli Mishra vs State of U.P.

Allahabad High Court · Decided on 9 September 2008

HON’BLE JUDGES
Shiv Charan Sharma, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 23348 of 2008

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Judgment

7 paragraphs · 350 words

Shiv Charan, J.—Heard learned Counsel for the applicant and learned AGA for the State on the bail application of the applicant Smt. Radhika @ Lalli Mishra involved in case Crime No. 380 of 2008 under sections 352, 353, 504 IPC, P.S. Colonelganj, District Allahabad and perused the entire material on record.

2.

According to the allegation of prosecution the applicant (mother of the prosecutrix) in Session Case No. 69/2007 misbehaved and used abusive and unparliamentarily language toward the Court and she also disrupted the judicial functioning of the Court of Additional District and Session Judge, Allahabad, FIR was lodged by the reader of the Court.

3.

Learned Counsel for the applicant argued that applicant has no grievance against the Presiding Officer of the Court rather she had grievance against the private person of the case, she had not misbehaved with the Presiding Officer of the Court or did not disrupted the judicial functioning of the Court.

4.

Learned AGA opposed the bail of the applicant and stated that applicant misbehaved and used abusive language towards the Presiding Officer of the Court and also disrupted the judicial functioning of the Court and there is a criminal history of the applicant.

5.

Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case I am of the view that it is a fit case for bail.

6.

Let the applicant Smt. Radhika @ Lalli Mishra involved in case Crime No. 380 of 2008 under sections 352, 353, 504 IPC, P.S. Colonelganj, District Allahabad be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.

7.

It is also made clear that applicant shall not to repeat the same type of incident in future and she will report once in a month in the Court of CJM concerned in order to watch her conduct and behaviour and in case of violation of any of the condition the Court will be at liberty to cancel bail and take her into custody.