Application for bail in a cheating and cheque dishonour case was allowed. The court granted bail on a personal bond with two sureties, imposing standard conditions to prevent tampering with evidence or witnesses.
Released on bail on executing a personal bond and furnishing two sureties subject to standard conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32400 of 2019
Applicant :- Smt. Babita Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Smt. Babita in connection with Case Crime No.111 of 2018, under Sections 420, 406, 467, 468, 471, 506 I.P.C. and Section 138 Negotiable Instrument Act, P.S. Chhaprauli, District Baghpat.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is a lady having a small child of 2 years to look after. He submitted that there is allegation in the first information report that the applicant along with her husband Pushpendra had duped the complainant and had taken Rs.20 lacs for providing a Government job in Bhartiya Khadya Nigam. It has been further mentioned in the first information report that Rs.7.88 lacs were transferred in the bank account of the applicant and her husband. He further submitted that the amount which was allegedly taken by the applicant has already been returned and the applicant has filed affidavit in this regard, copy whereof has been annexed on page no.33 of the bail application. He further submitted that there was some money transaction between the applicant and the complainant. He further submitted that all the offences are triable by court of Magistrate. He submitted that the applicant is languishing in jail since 03.07.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea but has accepted that the copy of the aforesaid affidavit is part of the case diary also.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt.Babita involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 R./
1 issue framed by the court
Whether the present case is a fit case for granting bail pending trial.
2 provisions across 2 enactments
Smt. Babita
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
