Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18856 of 2021 Applicant :- Neha Chauhan 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, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 563 of 2020, under Sections 420, 467, 468, 471, 506, 409, 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 five accused persons and name of the applicant does not figured in the first information report. The applicant being wife of the accused-Rajesh Kumar and real sister in law of co-accused 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. It is next contended that co-accused Ashish Joshi and Ankur @ Sonu Verma @ Chhotu @ Ajay Sharma @ Anbir @ James Blue @ Ankush Gandhi, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 26.07.2021 and 13.08.2021 in Criminal Misc. Bail Application Nos. 9203 of 2021 and 25074 of 2021 respectively and the case of the applicant stands on the same footing, hence parity is claimed. It is lastly contended that the applicant has no previous criminal history and 8 cases were shown against the applicant, which are subsequent to this case, which has been explained in paragraph 8 of the affidavit filed in support of the bail application. She is in jail since 20.08.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Neha Chauhan involved in Case Crime No. 564 of 2020, under Sections 420, 467, 468, 471, 506, 409, 411, 120B IPC, Police Station Phase-III, District Gautam Buddh Nagar, be released on bail, on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 :- 24.9.2021 Noman