Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19649 of 2021 Applicant :- Smt. Anshika Goswami Opposite Party :- State of U.P.
Counsel for Applicant :- Jalaj Kumar Tripathi,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Anshika Goswami seeking enlargement on bail during trial in connection with Case Crime No. 45 of 2019, under Section 420, 406, 467, 468, 471 of I.P.C. registered at P.S.- Kotwali, District- Bareilly.
Submission of learned counsel for the applicant Smt. Anshika Goswami is that the applicant is innocent, she has not committed the alleged offence, the complainant has wrongly and illegally lodged false and baseless F.I.R. against the applicant due to previous enmity. It is further submitted that from the F.I.R. and statement of witnesses, offences under Section 420, 406, 467, 468, 471 of I.P.C. are not made out against the applicant because there is no breach of trust. It is simply a case of civil dispute. The applicant is a young lady and at present she has a daughter of three years. It is next submitted that the applicant is languishing in jail since 27.01.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail and submitted that the applicant along with other co- accused has committed the aforesaid forgery.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction and complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the nature of offence, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Smt. Anshika Goswami involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, she shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 VPS