Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19267 of 2021 Applicant :- Smt. Shanti And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Bindeshwari Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Satendra Narain Singh, Advocate holding brief of Shri Bindeshwari Prasad Mishra, learned counsel for the applicants, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Applicants are not named in the F.I.R.. No proper test identification of the accused as well as articles / jewellery said to have been recovered in the matter was conducted. Referring to the contents of the F.I.R. and the offences levelled in the matter, it is further submitted that none of the ingredients of the offences levelled in the matter are attracted. There is only confessional statement of the accused-applicant said to have been made before the police. At this juncture, learned counsel for the applicant referred to the entire documents and further argued that applicants have no criminal history. They are languishing in jail since 12.02.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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 merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Smt. Shanti, Smt. Roshani and Smt. Vimla involved in Case Crime No. 56 of 2021, under Sections 420, 406, 467, 468, 471, 411 IPC, P.S. Kotwali Mahoba, District - Mahoba be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this 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 :- 13.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.13 14:22:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad