Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48227 of 2018 Applicant :- Rubi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A.,Pankaj Kumar Shukla
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 1020 of 2018, under Sections 420, 467, 468, 471, 34, 120B I.P.C., P.S. Kotwali District Mathura.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and she has been falsely implicated in the present case. He further submitted that the accused was in service in a company run by Insaf Ali and she opened a bank account in Kotak Mahindra bank on the advice of the co-accused Insaf Ali that her salary will be credited to the aforesaid bank account. He further submitted that the mobile number which was given to the bank while opening the account in the name of the present accused Rubi, was given by the co- accused Insaf Ali. He next submitted that the girl has not cheated anybody and if money has been transferred to her account, then it was not in her knowledge and that was taken from the bank by the co-accused Insaf Ali in whose possession Rs. 1 Lakh was recovered when he was arrested. He submitted that the accused has not received any illegal gains. He further submitted that the co-accused Insaf Ali who was having similar role, has already been enlarged on bail vide order dated 12.10.2018 passed by the Court of Addl. Sessions Judge, Mathura in Bail Application No. 2959 of 2018. All offences are triable by the Court of Magistrate.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 06.09.2018 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail application.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rubi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu