Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40956 of 2018 Applicant :- Smt. Indrakanti Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons namely, Rajeshwar Singh and Indrakanti alleging that accused Rajeshwar Singh cheated by taking Rs. 93,000/- for executing sale deed in respect of property which he has already sold earlier in favour of his wife Indrakanti Singh.
It is submitted by learned counsel for the applicant that co- accused namely Rajeshwar Singh has already been granted bail by co-ordinate Bench of this Court vide order dated 27.9.2018 in Criminal Misc. Bail Application No. 36980 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Dispute is of purely civil nature. There is no independent witness against the applicant. She is languishing in jail since 26.9.2018 (more than one month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Smt. Indrakanti Singh involved in Case No. 387 of 2014 as well as Case Crime No. 882 of 2013, under Sections 406, 419, 420, 504, 506 IPC, Police Station Purandpur, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 A. Singh