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Sharda Devi vs State Of U.P. on 6 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 34712 of 2019

Applicant :- Sharda Devi

Opposite Party :- State Of U.P.

Counsel for Applicant :- Brijesh Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

As there is strike of lawyers, no one has appeared on behalf of the applicant to argue the bail application. However, Ram Pal Yadav, husband of the applicant, who is also pairokar of the affidavit accompanying the bail application has appeared in person.

This is a bail application on behalf of the applicant Sharda Devi in connection with Case Crime No.103 of 2016, in Case No.2216 of 2018, under Section 406 I.P.C., P.S. Kotwali Hata, District Kushinagar.

Heard Sri Ram Pal Yadav, on behalf of the applicant in person and learned A.G.A. for the State and perused the record.

It has been argued that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. It has been alleged in the first information report that the applicant along with other co-accused has embezzled the public money to the tune of Rs.1,42,425/-. He submitted that all the offences are triable by the court of Magistrate. He submitted that he is ready to deposit Rs.30,000/- within two months from the date of her release from the jail. He submitted that the applicant is languishing in jail since 09.08.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Sharda Devi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

vi) The applicant will deposit Rs.30,000/- through bank draft in the trial court, within two months from the date of her release from the jail and the trial court shall deposit the amount in the Government Account/Treasury.

Order Date :- 6.9.2019

R./

 

 

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