Allowed

Bhawana Yadav v. State of U.P.

Allahabad HC18 Sept 2020BAIL/26538/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 26538 of 2020, the Allahabad High Court enlarged Bhawana Yadav on bail in a cheating case (Sections 420, 467, 468, 471 IPC). The court noted she was unmarried and falsely implicated, though she confessed to fraud by a third party.

What did the court decide?

Respondent Bhawana Yadav enlarged on bail on executing personal bond with two sureties, subject to specific conditions regarding presence and conduct.

Bhawana Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26538 of 2020

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Applicant :- Bhawana Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant is unmarried young lady and has been falsely implicated in the present case. She is not named in the FIR and her name surfaced only her confessional statement which cannot be taken as witness in light of law laid down by Apex Court. She herself cheated by a person, namely, Pushpendra. Applicant has no criminal history and she is in jail since 15.6.2020, undertakes that she will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Bhawna Yadav , involved in Case Crime No. 128 of 2020, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Janakpuri, District Saharanpur, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.9.2020 Arvind

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.18 14:27:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Bhawana Yadav v. State of U.P.

Case brief

What is this about?

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Bhawana Yadav v. State of U.P.

Case brief

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