The High Court allowed a bail application filed by Meenu Sain regarding a case under Sections 420, 406, and 120B IPC. The court found merit in the submission that she was falsely implicated and released her on bail with personal bond and sureties.
Applicant released on bail by furnishing a personal bond and two sureties each in the like amount.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4364 of 2022
Applicant :- Meenu Sain Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 862 of 2019 at Police Station Kasna/Beta-2, District Gautam Budh Nagar under Sections 420, 406, 120B IPC. The applicant is in jail since 12.09.2021.
The bail application of the applicant was rejected by learned Special Judge, (S.C./S.T. Act), Gautam Budh Nagar, on 14.01.2022.
Shri Shadab Alam, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lady. The applicant is the wife of the principal offender Anil Sain. The FIR arises out of business transaction between the husband of the applicant and the informant which did not materialise. The applicant's husband runs a firm registered under the name and style of KDM Enterprises. The applicant has no concern with the business transaction of her husband. The criminal case is being leveraged in the disputed money claim by the informant. Most importantly the parties had arrived at a settlement which was overlooked by the investigating officer. The applicant
is mother of three young children. Learned counsel for the applicant has explained the criminal history of the applicant and also contends that the said cases arise out of commercial disputes between her husband and his business associates. The said cases do not have any bearing on the instant case.
Shri Paritosh Kumar Malviya, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Meenu Sain be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(iii) The applicant will appear before the trial court on
the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.5.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.05.31 10:38:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving Sections 420, 406, and 120B IPC.
Whether the alleged false implication of the applicant warrants granting bail.
Meenu Sain
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
