Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23047 of 2019 Applicant :- Anju Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Anju Devi, who is involved in Case Crime No. 365 of 2019, under Sections 411, 414, 482 I.P.C., P.S. Indrapuram, District Ghaziabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; she has been falsely implicated in this very case crime number, which was lodged against unknown person, subsequently, a recovery was planted and many cases, which were not open till date, were got opened by implicating applicant and in two cases she has been enlarged on bail for the same alleged recovery occurrence by trial court itself; there is no independent eyewitness of public of alleged recovery; it was a planted recovery; she was of no criminal antecedents other than those explained in the affidavit. Co-accused Rajveer Singh Chauhan alias Raju with same accusation has already been enlarged on bail by this court vide order dated 7.5.2019 passed in Criminal Misc. Bail Application No. 19132 of 2019. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail on the basis of criminal history of the applicant.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Anju Devi be released on bail in above mentioned Case Crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
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 :- 31.5.2019 Pcl