Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34237 of 2019 Applicant :- Smt. Shanti Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 359 of 2018, under Sections 420, 467, 468, 471, 504 and 506 I.P.C., P.S. Mandawar, district-Bijnor, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is a lady. She is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the applicant is merely a marginal witness of the alleged forged sale deed and she is not beneficiary in nay manner. He also submitted that other co-accused Shiv Kumar who was also a marginal witness of the alleged sale deed has already been enlarged on bail by another Bench of this Court vide order dated 20.6.2019 passed in Criminal Misc. Bail Application No. 24831 of 2019, copy whereof has been filed as Annexure-6 to the affidavit accompanying the bail application. Further submission is that all the offences are triable by court of Magistrate. He lastly submitted that the applicant has no criminal history and she is languishing in jail since 27.5.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Smt. Shanti Devi be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 359 of 2018, under Sections 420, 467, 468, 471, 504 and 506 I.P.C., P.S. Mandawar, district-Bijnor subject to 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 :- 26.8.2019 Faridul