Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28609 of 2018 Applicant :- Kanika Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that by representing herself as ASI (CRPF) she has got I.D. Card and T Shirt with logo of CRPF printed from the shop of the informant. The informant has later found that the applicant has misrepresented her identity and got the aforesaid printing work done from the informant. Expressing apprehension that she is conspirator and a threat to the national security, FIR was lodged against her, in pursuance whereof she has been arrested and is in jail since 24.6.2018. The applicant has no criminal history to her credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kanika Pathak involved in Case Crime No.1630 of 2018, under Sections 419, 420, 464, 465, 468, 471, I.P.C, Police Station Indrapuram, District Ghziabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.7.2018 T. Sinha