Court allowed bail application prayed for release of female applicant Radha @ Radhika on conditional bail in a criminal trial case involving offences under IPC sections 323, 504, 506, 384, and 120B based on parity and lack of misuse history.
Release of applicant on personal bond and two sureties to satisfaction of court subject to specific conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35472 of 2022
Applicant :- Radha @ Radhika Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 635 of 2021, registered under Sections 323, 504, 506, 384, 120B IPC, Police Station Gajraula, District J.P. Nagar (Amkroha), during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that the applicant is lady. He further contended that co-accused, namely, Nadeem, Mustafa Ali and Kanti Prasad have been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 4056 of 2022, 407 of 2022 and 25766 of 2022, vide orders dated 31.08.2022, 10.08.2022 and 15.09.2022 respectivel, hence, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is languishing in jail since 05.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 , 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 applicant, Radha @ Radhika who is involved in the aforesaid case 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.9.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.09.23 10:16:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail pending trial in the said case.
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
Radha @ Radhika
State of U.P.
Deepak Verma
As recorded by the court registry
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