Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13039 of 2021 Applicant :- Mona Opposite Party :- State of U.P.
Counsel for Applicant :- Priyanka Srivastava,Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Abhishek Srivastava, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This bail application has been filed by applicant- Mona, seeking her enlargement on bail in Case Crime No.25 of 2020, under section 413 I.P.C., Police Station- Dibiyapur, District- Auraiya, during pendency of trial.
Perusal of record shows that in respect of incidents, which are alleged to have occurred from 10.01.2020 to 20.01.2020, a delayed F.I.R. dated 21.01.2020 was lodged by first informant, Vaibhav Kumar and was registered as Case Crime No.25 of 2020, under section 380 I.P.C., Police Station- Dibiyapur, District- Auraiya. In the aforesaid F.I.R., a solitary unknown person has been nominated as accused.
According to the allegations made in F.I.R., it is alleged that certain goods along with cash have been stolen from house of applicant.
Subsequent to aforesaid F.I.R., police proceeded in terms of Chapter XII Cr.P.C. with statutory investigation of above- mentioned case crime number. During the course of investigation, police arrested three persons, namely, Chhotu, Rinku and Badal.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in above-mentioned case crime number. Applicant is not named in F.I.R. Applicant is in jail since 04.02.2021. It is then contended that all the above-named three accused have been enlarged on bail by this Court vide order dated 27.07.2020. Bail orders of Chhotu and Rinku are on record as Annexure-5 to the affidavit. Bail order of Badal has been produced by learned counsel for applicant in Court today, which is taken on record. On the aforesaid premise, it is urged that case of present applicant is similar and identical to aforesaid co-accused. As such, applicant is liable to be enlarged on bail on the ground of parity. It is also contended by learned counsel for applicant that if applicant is enlarged on bail, she shall not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
Having heard learned counsel for the parties and upon consideration of material on record, acquisitions made and complicity of accused, I am of the view that present applicant has made out a case for bail.
Consequently, the bail application is allowed.
Let the applicant- Mona, be released on bail in Case Crime No.25 of 2020, under section 413 I.P.C., Police Station- Dibiyapur, District- Auraiya on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 8.4.2021 Saif