Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17650 of 2019 Applicant :- Rajendra Kaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha,Muneshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Rajendra Kaur, who is involved in Case Crime No. 04 of 2019, under Sections 379, 411, 420, 120-B I.P.C., P.S. Nagina, District Bijnor, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; she has been falsely implicated in this very case crime number; she received alleged cheque of Rs.2,10,000/- under bona fide belief and got the same cashed from her account; accused-applicant was with no concern of theft of above cheque; she is ready to make payment of above Rs.2,10,000/- and accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that allegation of theft of few signed cheques were levelled against five named persons. Subsequently, by a message received on informant's cell phone, it came to notice that Rs.2,10,000/- from her account was transferred in account of present accused- applicant. The above withdrawal is admitted, but is being said to be under bona fide belief.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Rajendra Kaur, involved in above mentioned case crime number be released on bail on depositing Rs.2,10,000/- in the account of informant and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS