Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48708 of 2018 Applicant :- Smt Suman Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Pandey,Sudha Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Several litigations are going on between the parties due to which false first information report has been lodged against the applicant. No forgery, whatsoever, was committed by the applicant. The applicant is a lady, in case she is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any criminal history and is languishing in jail since 17.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Smt. Suman involved in Case Crime No.1294 of 2011, under Sections 467, 468, 420, 471 I.P.C., Police Station Gunnaur, District Sambhal 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.
Order Date :- 19.12.2018 rkg