Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52886 of 2019 Applicant :- Savita Alias Pooja Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Savita Alias Pooja with a prayer to release her on bail in Case Crime No. - 739 of 2019, under Sections - 380, 328, 411, 120B I.P.C., Police Station - Civil Lines, District - Moradabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of theft and other offences, punishable with imprisonment of seven years;
(ii) against FIR lodged on 04.08.2019, the applicant is in confinement since 30.08.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet appears to have been filed. In any case, in view of the recoveries already being claimed to have been made, further no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it has been submitted that the applicant has been falsely implicated purely on the basis of manipulated recovery;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 S.Chaurasia