Single judge allowed bail to the applicant accused under various IPC sections involving cheating and forgery, subject to her executing a bond, furnishing sureties, and depositing Rs. 20,000 within 15 days to the Zila Account.
Released on bail with a personal bond, two sureties, and a condition to deposit Rs. 20,000 within 15 days;
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42494 of 2018
Applicant :- Rehana Khatoon Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahnawaz Khan,Adya Prasad Tewari Counsel for Opposite Party :- G.A.,Krishna Nand Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as Sri Krishna Nand Yadav, learned counsel for the opposite party no.2 and the learned A.G.A. for the State.
Learned counsel for the applicant while describing the meritorial aspects of this case has unconditionally submitted that he has not received any wrongful gain, however, in order to meet the situation, the applicant is ready to deposit Rs.20,000/- in the account running in the name of Zila Alpasankhyak Adhikari, Maharajganj and has submitted that a demand draft dated 02.11.2018 numbered 490770 drawn on the State Bank of India, Maharaganj has also produced for perusal of the Court, which indicates that a demand draft for Rs.20,000/has been drawn in favour of Zila Alpasankhyak Adhikari, Maharajganj.
The learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer for bail of the applicant but conceded that if applicant is ready to deposit the requisite amount as aforesaid within the time stipulated to the Zila Aplasankhyak Adhikari, Maharajganj, then court may consider her bail application.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Rehana Khatoon- involved in case crime no.2562 of 2016, under Sections 419, 420, 467, 468, 471,409 IPC, Police Station Shyamdeurwa, district Mahrajganj 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 subject to the condition that she will deposit the requisite amount Rs.20,000/by way of bank draft to the concerned account of Zila Alpasankhyak Adhikari, Maharajganj within a period of 15 days after release from jail.
It is made clear that in case, applicant does not deposit the requisite amount as aforesaid within the time stipulated, learned A.G.A. for the State is free to move bail cancellation application before this Court.
However, deposition of the requisite amount shall not have any impact on the merit of the case.
Order Date :- 12.11.2018 Raj
3 issues framed by the court
Whether bail should be granted to the applicant despite the seriousness of the allegations, subject to specific conditions.
Whether the applicant's readiness to deposit a sum as a bond can satisfy the court's concerns regarding tampering with evidence.
Whether the deposit of money affects the merits of the underlying criminal case.
1 provisions across 1 enactments
Rehana Khatoon
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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