Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34183 of 2021 Applicant :- Muskan Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.,Ajendra Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Muskan, in Case Crime No. 473 of 2021, under Sections 419, 420, 467, 468, 471, 406, 411, 120B IPC and 66(D) I.T. Act, Police Station-Kotwali Nagar, District-Etah.
Sri Upendra Upadhyay, learned counsel for the applicant argued that the accused-applicant is innocent; she has been falsely implicated in this very case crime number because of being married wife of co-accused Raj Kumar and is languishing in jail since 26.06.2021; she is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Co-accused Rubi has been enlarged on bail, in this very case crime number, in Crl. Misc. Bail Application no. 32447 of 2021, by the co-ordinate Bench of this Court; neither there is any identification with regard to involvement of the applicant nor any money has been transacted in the account of the applicant. Hence, bail has been prayed for.
Learned AGA as well as Sri Ajendra Kumar, learned counsel for the informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and no money has been transacted in her account.
Having heard and gone through materials placed on record, it is apparent that.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Muskan, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless hdf personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 25.10.2021 Dhirendra/