In a bail application, the court released the applicant on personal bond and sureties after observing the opposite party could not point out material contrary to the applicant’s plea of innocence and lack of early trial prospect.
Released on bail by personal bond and two sureties on specified conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5091 of 2020
Applicant :- Smt. Maya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 214 of 2017, u/s 406, 420, 467, 468, 471, 120-B IPC, P.S. Hari Parvat, District Agra with the prayer for enlarging her on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and she has been made a scapegoat by certain broker and she is to obtain benefit of Rs. 25,000/- under the Swatah Rojgar Yojana (Self Employment Scheme). It is alleged that the applicant had filed forged income and caste certificates in order to derive benefit. It is argued that it is yet to be established by an expert that the said documents were forged. In fact, the manipulation was done by the brokers who took the major part of the money received by the applicant under the aforesaid scheme. The case of the applicant is distinguishable from that of officials and brokers who are directly involved in fabrication of documents. It is submitted that co-accused Smt. Shakuntla Devi has been granted bail by this Court in Bail Application no. 4845 of 2020 vide order dated 3.2.2020. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2019, having no criminal history to her credit, deserves to be released on bail.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Smt. Maya Devi involved in the aforesaid case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 4.2.2020 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to bail under specific conditions in the present circumstances.
Smt. Maya Devi
Rajul Bhargava
As recorded by the court registry
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