Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11905 of 2021 Applicant :- Sonam Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. She is neither named in first information report nor there is any allegation against her, however, due to implication of her sister in a case her name is dragged in the present case, whereas she did nothing as alleged. It is also contended that after being inducted in the present case, the police has implicated the applicant in seven other cases, details whereof are mentioned in paragraph-8 of the affidavit filed in support of bail application. It is further submitted that co- accused Ashish Joshi and Ankur alias Sonu Verma alias Chhotu alias Ajay Sharma alias Anbir alias James Blue alias Ankush Gandhi have been granted bail by this Court vide order dated 26.7.2021 and 13.8.2021 passed in Crl. Misc. Bail Application Nos. 9203 of 2021 and 25074 of 2021. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. The applicant is languishing in jail since 20.8.2020. She undertakes that she will not misuse the liberty, if granted, therefore, she may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Sonam Verma involved in Case Crime No. 563 of 2020, under Sections 420, 467, 468, 471, 506, 409, 411, 120B IPC, Police Station Phase-III, District Gautam Buddha Nagar be released on bail, on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings 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.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
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 computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.9.2021 Digamber