Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45323 of 2021 Applicant :- Safeena @ Reena And Another Opposite Party :- State Of U.P Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.120 of 2021, under Sections 379, 411, 419, 420 I.P.C., Police Station- Dakshintola, District- Mau.
Learned counsel for the applicants contended that the applicants are innocent and has not committed any offence and they have been falsely implicated. Nothing has been recovered from their possession. The alleged recovery is false and fabricated and the offence is triable by the Magistrate. The accused-applicants who are in jail since 13.07.2021 undertakes that they will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that accused-applicant have been arrested on the spot while taking away purse and Rs.1,400/- from the complainant and handed over to the police, hence, the bail application is opposed.
Considering the rival contentions of the parties, the material on record, nature and gravity of offence, evidence, complicity of accused, severity of punishment, all attending circumstances of the case, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Safeena @ Reena and Mushkan @ Pinki involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 22.12.2021 Krishna* Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.12.24 15:57:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad