Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16206 of 2021 Applicant :- Smt. Usha Dwivedi Opposite Party :- State of U.P.
Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Smt. Usha Dwivedi, who is involved in Case Crime No. 433 of 2017, under Sections 409 I.P.C. P.S.- Handia, District- Allahabad.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that as per the F.I.R version the allegation of embezzlement of Rs. 13,737/- is made in regard to criminal breach of trust out of the hausala poshan yojna which is for the purpose of incurring expenses for pregnant ladies and newly born children. In this case charge sheet has been filed by the Investigation Officer after recording statement of the witnesses. The applicant is a lady and there is no apprehension of tampering the evidence or threatening any witness. The applicant has been languishing in jail since 03.03.2021 having no previous criminal antecedent.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Smt. Usha Dwivedi, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 13.4.2021 PS