Kavita v. State of U.P.

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22355 of 2021

Applicant :- Kavita Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

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

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused namely Rahul has already been granted bail by another Bench of this Court vide order dated 12.1.2021 passed in Criminal Misc. Bail Application No.27558 of 2020, a copy of said order has been annexed as annexure-6 to the affidavit accompanying this bail application and the case of the applicant stands on better footings. 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. It has also been submitted that the applicant is languishing in jail since 27.6.2021. It has been pointed out that the applicant has no criminal history.

Learned A.G.A. has vehemently opposed the prayer.

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.