Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11235 of 2018 Applicant :- Smt. Afsana Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of her prayer for bail submits that she has not committed any offence and has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is a lady and she was engaged by the owner of the Clay Plant to make bricks in winch some dispute arose over the transaction of money between the applicant and complainant. The police has also implicated the applicant falsely in another case after the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.2.2018. The applicant has no other reported criminal antecedent except the one case as mentioned above.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Smt. Afsana involved in Case Crime No.41 of 2018, under sections 406, 411 IPC,, P.S. Kundarki, District Moradabad be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 28.3.2018 IA