Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26686 of 2021 Applicant :- Savita Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar,Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Sushil Kumar Rathore, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant- Savita with a prayer to release her on bail in Case Crime No.85 of 2021, registered under Section 420 I.P.C., Police Station Kotwali Kalpi, District Jalaun during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention. At the time of interrogation, the investigating officer demanded illegal gratification from the applicant and when she failed to fulfill the illegal demand, she has been falsely implicated in the present case. Prosecution case is that applicant disclosed her name as 'Savita' to the investigating officer who was investigating the case crime no. 50 of 2021 under Section 60(2) and 60 of the Excise Act in which she is also an accused. Criminal history of the applicant has been explained in para 13 of the affidavit. He next argued that the applicant has not prepared any forged paper. On perusal of first information report no case is made out under Section 420 I.P.C. He further contended that co-accused, namely, Pavitra, Vimla, Manisha and Rinki have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.26379 of 2021, 28152 of 2021, 28313 of 2021 and 28317 of 2021 vide orders dated 04.08.2021 and 09.08.2021, as the case of applicant is same to the co-accused, hence, the applicant is also entitled for bail on the ground of parity. He next submitted that the applicant is a lady and she is entitled to get benefit of Section 437 Cr.P.C. There is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 30.03.2021. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Savita, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official 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.
Order Date :- 13.8.2021 Nitin Verma