Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19101 of 2021 Applicant :- Laxmi Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Hari Narayan Singh, learned counsel for the applicant and learned AGA for the State.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 546 of 2020, under Sections 409, 420, 406, 467, 468, 471, 504, 506, 411, 120B IPC, Police Station Phase-III, District Gautam Buddh Nagar, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and she has falsely been implicated in the present case. The first information report was lodged against seven accused persons and name of the applicant is not mentioned in the first information report. The applicant being sister of the accused-Rajesh Kumar and Sonu Verma @ Ankur, has been implicated in the present case. No role has been assigned to the applicant. The applicant being a lady is entitled for protection as per Section 437 (2) of Cr.P.C. Applicant is languishing in jail since 25.12.2020. There is no likelihood of fleeing from the course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Laxmi Verma who is involved in aforesaid crime be released on bail on his 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 attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 Sweety