In Criminal Misc. Bail Application No. 18753 of 2021, Court No. 79 allowed the bail application of Sonam Verma accused under Sections 420, 467-471, 409, 411 and 120-B IPC, citing reformative punishment theory and Article 21.
Applicant released on bail on furnishing a personal bond and two sureties subject to conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18753 of 2021
Applicant :- Sonam Verma Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Hari Narayan Singh,learned counsel for the applicant, learned A.G.A for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 572 of 2020, under Sections 420, 467, 468, 471, 409, 411 and 120-B IPC, Police Station Phase-III, District Gautam Buddh Nagar, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and she has falsely been implicated in the present case. The first information report was lodged against five accused persons and name of the applicant is not mentioned in the first information report. The applicant being sister of the accused- Sonu Verma @ Ankur, has been implicated in the present case. No role has been assigned to the applicant. The applicant being a lady is entitled for protection as per Section 437 (2) of Cr.P.C. It is next contended that coaccused Subhash Kumar and Ashish Joshi have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 9.2.2021 and 23.7.2021 in Criminal Misc. Bail Application Nos. 3746 of 2021 and 18078 of 2021 respectively and the case of the applicant stands on the same footing, hence parity is claimed. It is lastly contended that the applicant has no previous criminal history and 8 cases were shown against the applicant, which are subsequent to this case, which has been explained in paragraph 8. of the affidavit filed in support of the bail application. She is in jail since 23.08.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie
satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Sonam Verma who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.9.2021 Akbar
1 issue framed by the court
Whether the applicant is entitled to bail under Section 437(2) of Cr.P.C. and in accordance with para 10 of Dataram Singh.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Sonam Verma
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
