Anarva v. State of Up
Case brief
What is this about?
A High Court judge granted interim bail to Anarva, a scheduled caste woman accused of cheating and forgery, releasing her on personal bond and local sureties subject to strict conditions regarding attendance and non-interference.
What did the court decide?
Release of the applicant on bail upon furnishing a personal bond and two local sureties of like amount subject to specified conditions.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14712 of 2020
Applicant :- Anarva Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra,Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed on behalf of applicant. The same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0042 of 2019, under Sections 409, 419, 420, 467, 468, 471, 119, 120, 120-B, 192, 193, 198, 200, 196 I.P.C., P.S. Haliya, District Mirzapur.
Learned counsel for the applicant submits that according to F.I.R. version the applicant had received Rs.1,30,000/- under the scheme of "Pradhanmantri Awas Yojna. Subsequently, it was found that applicant was not entitled for the same. The applicant belongs to scheduled caste category. Due to mistake of government department, the money was entrusted to her, the construction was also raised and after raising the construction it was found that applicant was not entitled for "Pradhanmantri Awas Yojna", then F.I.R. was lodged against her. The applicant has not committed the alleged offence. She has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and she is languishing in jail since 24.11.2019.
Issues for consideration
2 issues framed by the court
Whether the applicant, charged with offences under IPC Sections 409, 419, 420, 467, 468, 471, 119, 120, 120-B, 192, 193, 198, 200, 196, is entitled to bail.
Whether the applicant's claim of mistaken government entitlement and scheduled caste status negates the gravity of the alleged offences.
Parties & counsel
- applicant
Anarva
Coram
Ali Zamin
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/14712/2020
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