Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11815 of 2019 Applicant :- Meena Kumari Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Sharma,Saurabh Tripathi,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant- Meena Kumari involved in Case Crime No. 502 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Shahjahanpur.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Informant had given a cheque of Rs. 5,05,000/- which was dishonoured by the concerned bank. Thereafter a complaint case under Section 138 of N.I. Act was filed against the informant. Learned counsel further submits that due to enmity, the informant has filed the instant F.I.R. only to create a pressure upon the applicant. Learned counsel further submits that the whole proceeding is nothing but a money transaction. Learned counsel further submits that being a lady having no criminal antecedents, she is languishing in jail since 20.12.2018. If she is released on bail, she will never misuse her liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not disputed the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Meena Kumari involved in the aforesaid case crime be released on bail on her furnishing a personal bond with two sureties (one should be of her family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
Order Date :- 17.12.2019 Saurabh