Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2666 of 2019 Applicant :- Smt. Poonam Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. No offence, whatsoever, has been committed by the applicant. The applicant has not obtained any advantage under the Pradhanmantri Yojna Scheme concerned. Similarly circumstanced other co-accused Anita Devi, Smt. Gyanti Devi and Manoj Kumar Gupta have already been by this Court, copies of the bail orders are annexed as annexure no.7 to the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.11.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Smt. Poonam Devi involved in Case Crime No. 851 of 2017, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Sahatwar, District - Ballia be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 S Rawat