Allowed

Smt. Salma v. State of U.P.

Allahabad HC4 Dec 2018BAIL/46275/2018

Case brief

AI extract

What is this about?

This bail application was allowed. The court admitted the applicant was falsely implicated, not named in the FIR, and had no criminal history, noting a co-accused was similarly bailed. Release was granted on personal bond and sureties. (4 lines) Intro text. No paragraphs to amplify. The court dismissed the opposition.

What did the court decide?

Granted release on personal bond and two sureties.

Smt. Salma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 60

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46275 of 2018

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Applicant :- Smt. Salma Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dev Mishra,Amar Nath,Udaya Pratap Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. The name of the applicant has surfaced in the confessional statement of the co-accused. Nothing incriminating in fact has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Offence alleged is triable by the Magistrate Ist Class. Similarly circumstanced co-accused Matta Shekh @ Manta Shekh has already been admitted to bail by this Court vide order dated 20.11.2018 in Criminal Misc. Bail Application No.40457 of 2018. A copy of the said order has been produced by the learned counsel for the applicant. The applicant has no criminal history and is languishing in jail since 14.9.2018. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Smt. Salma involved in Case Crime No.337 of 2018, under Sections - 457, 380, 411, 120B I.P.C., Police Station - Kotwali, District - Allahabad 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.

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Order Date :- 4.12.2018

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S Rawat

Smt. Salma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Salma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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