Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30632 of 2019 Applicant :- Smt. Archana Jain Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 146 of 2019 under Sections 406, 420 I.P.C., P.S. Baraut, District Baghpat.
The contention of the learned counsel for the applicant is that the accused is a married women and she has been falsely implicated in the present case due to ulterior motive. He further submitted that it is evident from the F.I.R. that the present applicant and her husband had taken goods from the complainant and it was agreed between them that payment will be made later on. He further submitted that due to commercial hardships, the present accused and her husband was not able to pay the amount due to which this F.I.R. was falsely lodged against them. He next submitted that there was no dishonest intention on the part of the present accused or her husband to cheat the complainant.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 22.06.2019 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Archana Jain be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu