Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52848 of 2019 Applicant :- Smt Saraswati Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Smt. Saraswati Devi, who is involved in Case Crime No. 494 of 2018, under sections 420, 467, 468, 471 IPC, police station Hathras Gate, district Hathras, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that allegation against the applicant is that she by committing fraud and concealing the facts, had succeeded in getting appointment on the post of Assistant Teacher in place of late Saraswati Devi taking the benefit of similar name. Later on, in the departmental enquiry, allegation against the applicant has been found proved and she has been terminated by order dated 28.03.2018. It is also submitted that the applicant has no criminal antecedent to her credit. She has already lost her services and is facing detention since 09.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, she will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Saraswati Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.11.2019 Sazia