Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32447 of 2021 Applicant :- Ruby Opposite Party :- State of U.P.
Counsel for Applicant :- Parvez Alam,Akash Deep Srivastava Counsel for Opposite Party :- G.A.,Ajendra Kumar
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State as well as learned Counsel for the informant and perused the material available on record.
Accused-applicant, involved in Case Crime No. 0473 of 2021, under Sections 419, 420, 467, 468, 471, 406, 411, 120-B IPC & 66 (D) of Information & Technology Act, 2008, Police Station Kotwali Nagar, District Etah, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is lady and she is innocent. She has been falsely implicated in the present case by the informant; she has committed no offence.
(ii) Applicant is employee in marriage bureau i.e. Perfect Sathi.Com. She is not beneficiary of any amount deposited by informant. Amount is said to have been deposited in the account of co-accused Raj Kumar Kandey who is in jail and owner of that marriage bureau.
(iii) Applicant is in jail since 26.06.2021, having no criminal history.
(iv) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, she shall not misuse the liberty of bail and she will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
(v) Marriage of applicant is on 20/21.08.2021 and if she is not released on bail her carrier would be spoiled.
Learned A.G.A. as well as learned Counsel for the informant opposed the prayer for bail and submitted that admittedly applicant is employee of Perfect Sathi.Com and on her assurance informant deposited amount.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, role of accused, she is being ladey and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ruby be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, she shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 I.A.Siddiqui