In a criminal bail application, the Court granted bail to Smt. Rashmi and four other female co-accused in a case involving theft, cheating, and forgery charges.
Release on bail with personal bond and two sureties each, verified by the court, subject to standard conditions of bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31060 of 2022
Applicant :- Smt. Rashmi And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 45 of 2021, under Sections 363, 311, 120-B, 370(V), 420, 467, 468, 471 I.P.C. P.S. Mahuakhera, District Aligarh, during pendency of trial.
It is argued by learned counsel for the applicants that applicant nos. 1 to 3 are ladies. The applicants are innocent and have been falsely implicated in the present case. The applicants are not named in the F.I.R. It has been next argued that five children have been recovered from 16 accused persons and co-accused, namely, Anil, Neha and Chandni @ Rajkumari have been granted bail by co-ordinate Bench of this Court, vide orders dated 08.02.022, 05.01.2022 and 02.11.2021 passed in Crl. Misc. Bail Application Nos.1626 of 2022, 45280 of 2021 and 44722 of 2021, respectively. The case of the applicant stands on identical footing, hence, he is entitled to be enlarged on bail. There is no prospect of trial of the present case being concluded in near future. The applicants are not previous convict. They are languishing in jail since 26.07.2021 and in case they are enlarged on bail they will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case
for bail. The bail application is allowed.
Let the applicants, Smt. Rashmi, Smt. Babli, Smt. Anita, Duryodhan and Dharamvir @ Dhoni be released on bail on their 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.12.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.12.03 11:16:39 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicants are entitled to be enlarged on bail considering the nature of the offence and their status as women.
Whether the citations to bail granted to co-accused establish a precedent for the instant applicants.
Interpretation of Section 370(V) IPC in the context of the charges framed against the applicants.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Smt. Rashmi And 4 Others
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
