Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34821 of 2018 Applicant :- Vineeta Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Mehrotra,Srijan Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, the learned AGA for the State & Sri Dr. Akhilesh Kumar Sharma, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vineeta with a prayer to release her on bail in Case Crime No. 883 of 2017, under Sections 420, 467, 468, 471, 120-B, 506, 352, 34 IPC, Police Station Kasna, District- Gautam Buddh Nagar, during pendency of trial.
The allegation against the applicant is that she was running a committee alongwith other accused persons and the money deposited in the committee has been misappropriated.
Argument is that the applicant has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 02.5.2018. She does not have any prior criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra Sri Dr. Akhilesh Kumar Sharma, learned counsel for the informant has argued that the applicant is a director of the company/firm in the name and style of "Raj Brothers"
Learned A.G.A. has opposed the bail prayer of the applicant by contending that subsequently, one case has been registered against the applicant. The innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Vineeta involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant will not alienate any property of the company or any property in her personal name or in the name of her immediate family members without permission of the court below.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.9.2018 Ruchi Agrahari