Allowed

Smt. Aarti Saxena v. State of U.P.

Allahabad HC20 Sept 2018BAIL/35700/2018

Case brief

AI extract

What is this about?

The Single Judge granted bail to the applicant, Smt. Aarti Saxena, in a criminal case involving charges of attempted murder and criminal conspiracy. The court, after finding prima facie satisfaction and considering the applicant's lack of criminal history, ordered her release on personal bond and two sureties with standard conditions.

What did the court decide?

Released on bail under a personal bond and two sureties subject to conditions of cooperation, non-tampering, and no unlawful activities.

Smt. Aarti Saxena Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35700 of 2018 Applicant :- Smt. Aarti Saxena Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.

¶3

Hon'ble Vivek Kumar Singh,J.

¶4

Heard Sri Gajendra Singh, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

¶5

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further submission is that applicant is not named in the FIR. No specific role of assault has been assigned to applicant in the statement of the injured. Further submission is that applicant has no concern with the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It is lastly submitted that applicant who is a lady is languishing in jail since 16.7.2018, has no other criminal history and there is also no possibility of her either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that she will not misuse the liberty, if granted.

¶6

Learned A.G.A. has vehemently opposed the prayer.

¶7

Having heard the submissions of learned counsel of both sides, perused the statement of the injured, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶8

Let applicant Smt. Aarti Saxena wife of Sachin Saxena, be released on bail in Case Crime No.369 of 2018, under Sections- 307,120-B, IPC, Police Station- Kotwali, District- Budaun, on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶9

(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶10

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶11

Order Date :- 20.9.2018 ssm

Smt. Aarti Saxena v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Aarti Saxena v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kehar Singh @ Lal Vs State of U.P.

Sheru Vs State of U.P.

Jagveer and Another Vs State of U.P.

Satish Patel Vs State of U.P.

Praveen Kumar Vs State of U.P.

Rishabh Verma Vs State of U.P.