Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19025 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.
Counter Affidavit filed today is taken on record.
Heard Sri Hari Narayan Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.565 of 2020, under Sections 409, 411 I.P.C., Police Station Fase-3 Noida, District Gautam Budh Nagar during the pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case . The F.I.R. was lodged against co- accused, Ashish Joshi, Ms. Aparichita Shah and seven others, as per F.I.R. the agreement for opening of franchisee of hyper super market was entered between informant and Westland Trade Company Pvt. Ltd. on 02.12.2019, it is also alleged that by means of two cheques Rs.13 lacs and 15 lacs were paid to the Company but the store of the frenchisee was not established. It is further submitted by learned Counsel for the applicant that the applicant is not named in the F.I.R. her name along with the name of Reena Verma was surfaced subsequently on the basis of statement of co-accused Basant from whom the recovery of Rs.1 lac has been shown who stated that he was going to handover the currency note of Rs.50 thousand to the applicant and co-accused Reena Verma. It is also submitted that the applicant is a lady and has no concern with the alleged incident and the co-accused, Ashish Joshi, and Subhash Kumar, who were named in the F.I.R. have already been enlarged on bail vide orders dated 23.07.2021 and 09.02.2021 in Criminal Misc. Bail Application Nos.18078 of 2021 and 3746 of 2021, the case of the applicant is on better footing to the case of the co-accused, hence, she is also entitled to be released on bail on the ground of parity. The applicant being a lady is also entitled to the benefit of Section 437 Cr.P.C. Lastly it is contended that the applicant is in jail since 25.12.2020 having criminal history of eight cases, which has been explained in paragraph no.8 of the affidavit and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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 onher 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. She will not tamper with the witnesses.
3. She 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 :- 16.8.2021 S.P.