Poonam v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20104 of 2020

Applicant :- Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

The submission of learned counsel for the applicant is that the applicant is a lady, she has been falsely implicated in the present due to ulterior motive. She is innocent and has no criminal antecedent. It is further submitted that the applicant has not committed any offence as alleged. 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. The applicant is languishing in jail since 23.5.2020. She undertakes that she will not misuse the liberty, if granted, therefore, she may be released on bail.

Learned counsel appearing for the opposite party vehemently opposed the prayer.

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 and without expressing any view on the merits of the case, I find it to be a case of bail.