Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17932 of 2019 Applicant :- Smt Kamlesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Smt Kamlesh has prayed to release her on bail in Case Crime No. 639 of 2018, u/s 420, 467, 468, 471 I.P.C., P.S. Ujhani, District Budaun.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and she has been falsely implicated in this very case crime number, whereas the court of Tehsildar has deleted the alleged disputed revenue entry and the alleged agreement to sale has been got cancelled by her after coming to know that this mutation was result of an error, hence this all was bonafide act with no malice. She being lady with no criminal antecedent is languishing in jail. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
F.I.R. reveals that after protest before the court of Tehsildar enquiry was made in which mutation alleged to be made in the name of accused person was got cancelled. The alleged agreement to sale has also been got cancelled. Hence, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Smt Kamlesh, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 29.4.2019 Pcl