Court grants bail to applicant Smt. Damyanti Yadav in cheque-bouncing and cheating case, citing false implication and age, subject to personal bond and sureties.
Applicant released on bail by furnishing personal bond with two sureties each in like amount, subject to conditions of attendance and non-interference with witnesses.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4794 of 2018
Applicant :- Smt. Damyanti Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.,Sanjay Kumar Mishra
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant Sri Sanjay Kumar Singh, learned counsel for the complainant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant is a lady who has been falsely implicated in the present case due to ulterior motive. It is next contended that the incident in question is alleged to have taken place in the year 2005 and the FIR of the same was lodged on 16.5.2008 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the applicant is an old lady and she is entitled for the bail under Section 437(2) Cr.P.C., the said fact has been mentioned in para 10 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.1.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses
and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Smt. Damyanti Yadav involved in Case Crime No.C-1 of 2008 under Sections 419, 420, 409, 467, 468, 218 I.P.C., Police Station Salempur, District Deoria be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 19.3.2018 Dev/-
1 issue framed by the court
Whether the applicant, an old lady alleged to be falsely implicated, is entitled to bail under Section 437(2) Cr.P.C.
1 provisions across 1 enactments
Smt. Damyanti Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
