In a criminal bail application under Sections 406, 420 IPC and Section 66 IT Act, the Court allowed the applicant's bail, considering her lack of criminal history, role as a mere servant, and family responsibilities, subject to standard bail conditions. Order Date: 2.7.2019.
Release on bail via personal bond and two sureties under specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26134 of 2019
Applicant :- Geeta Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 71 of 2019, under Sections 406, 420 I.P.C. and Section 66 I.T. Act, P.S. Visharatganj, district-Bareilly, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that applicant is a young lady and she is having a child and she is the only person to look after the child. He next submitted that she is only a mere servant of co-accused Ankit and no amount was transferred to the Bank account of the present applicant in any of the alleged transaction. He further submitted that all the offences are triable by the Court of Magistrate. He lastly submitted that the applicant has no criminal history. She is languishing in jail since 15.5.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the
pendency of the trial.
Let the applicant, Geeta 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 in Case Crime No. 71 of 2019, under Sections 406, 420 I.P.C. and Section 66 I.T. Act, P.S. Visharatganj, district-Bareilly subject to 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 :- 2.7.2019
Faridul
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the trial.
What conditions of bail are appropriate for the applicant.
2 provisions across 2 enactments
Geeta
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
