Allowed

Smt. Varsha v. State of U.P.

Allahabad HC14 Sept 2021BAIL/26505/2021

Case brief

AI extract

What is this about?

Court allowed bail application filed by Smt. Varsha in a case involving offences under Sections 457, 380, and 411 IPC, noting prima facie satisfaction and citing Dataram Singh. Bail granted on personal bond and two sureties subject to standard conditions.

What did the court decide?

Application allowed; applicant released on bail on furnishing a personal bond and two sureties subject to standard conditions.

Smt. Varsha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26505 of 2021

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Applicant :- Smt. Varsha Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh,Sarvesh Kumar Dubey

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Virendra Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.357 of 2021, under Section 457, 380, 411 IPC, P.S. Kotwali Nagar, District Bulandshahr during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. The FIR was lodged against unknown persons and as per FIR version, in the night of 27.03.2021 Rs.16.00 lakhs and jewellery were looted. It is further submitted that the applicant was arrested in Case Crime No. 411 of 2021 under Section 307 IPC, thereafter, implicated in the present case. It is further submitted that nothing has been recovered from the possession of the applicant and no identification parade has not been conducted. The applicant is a lady of 40 years and is entitled to the benefit of Section 437 Cr.P.C. It is further contended by learned counsel for the applicant that co-accused- Vikas @ Vishal Jatav having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 7.9.2021passed in Criminal Misc. Bail Application No. 27747 of 2021, hence the applicant is entitled for bail on the ground of parity.

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The applicant is in jail since 9.4.2021 having criminal history of 04 cases out of which in three cases she has already enlarged on bail and in one case her bail application is pending before this Court and if she is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having heard the submissions of learned counsel of both sides,

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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.

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Let the applicant, Smt. Varsha who is involved in aforesaid crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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She will not tamper with the witnesses.

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She will not indulge in any illegal activities during the bail period.

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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.

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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.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 14.9.2021/Akbar

Smt. Varsha v. State of U.P.

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What is this about?

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Smt. Varsha v. State of U.P.

Case brief

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