Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48417 of 2018 Applicant :- Kumari Mahak Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant was working in V. Care Foundation N.G.O. which was run by Vikas Goswami. No specific role has been assigned to the applicant. The applicant has nothing to do with the alleged incident. The applicant does not bear any criminal history and is languishing in jail since 02.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Kumari Mahak involved in Case Crime No.1790 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., 66 I.T. Act, Police Station Sector-20 NOIDA, District Gautam Budh Nagar be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that advantage of this bail order shall not be given to Vikash Goswami whose role is distinguishable from the present applicant.
Order Date :- 18.12.2018 rkg