Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7525 of 2018 Applicant :- Sarita Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri Vibhava Prakash Tripathi, learned counsel has put in appearance on behalf of the complainant by filing his Vakalatnama today in the Court which is taken on record.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant and Sri Vibhava Prakash Tripathi, learned counsel for the complainant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant at the behest of the complainant only to put pressure on applicant, who is a lady. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.1.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Sarita Devi involved in Case Crime No.259 of 2012 (Case No.7143 of 2016), under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali, District Gorakhpur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She 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 :- 27.2.2018 Dev/-