Allowed

Smt. Kavita v. State of U.P.

Allahabad HC12 Sept 2022BAIL/33684/2022

Case brief

AI extract

What is this about?

Hon'ble Deepak Verma, J. granted bail to Smt. Kavita in Case Crime No. 143 of 2022 under Sections 328, 379, 411 IPC. The court allowed her release on personal bond and two sureties subject to specific conditions, after referring to Principles laid down by the Apex Court in Dataram Singh.

What did the court decide?

Release of applicant on bail on personal bond and two sureties, subject to conditions regarding witness tampering and trial cooperation.

Smt. Kavita Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33684 of 2022

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Applicant :- Smt. Kavita Opposite Party :- State of U.P. Counsel for Applicant :- Sandhya Singh,Kapil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard 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 Smt.Kavita with a prayer to release her on bail in Case Crime No.143 of 2022, under Sections 328, 379, 411 I.P.C., P.S. Khurja Dehat, District Bulandshahr during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No incriminating article, connected with the present First Information Report, has been recovered from the possession of the applicant. He next argued that there is no independent or public witness while arresting the applicant. He next stated that after arrest in present case, he has been falsely implicated in other cases, in which applicant is bailed out. Details are made in para-15 of the bail application. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 09.05.2022 and in case she is enlarged on bail she will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Smt.Kavita be released on bail in Case Crime No.143 of 2022, under Sections 328, 379, 411 I.P.C., P.S. Khurja Dehat, District Bulandshahr on her furnishing a personal bond and two sureties each in the like amount to the satisfaction

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of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 12.9.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.09.15 11:52:11 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Kavita v. State of U.P.

Case brief

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Smt. Kavita v. State of U.P.

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