Allowed

Smt. Shankuntla Sharma v. State of U.P.

Allahabad HC10 May 2023BAIL/10625/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Smt. Shankuntla Sharma, a female accused, citing her lack of prior record, delayed FIR, and non-recovery of incriminating items under Section 437(ii) Cr.P.C., while emphasizing conditions to prevent tampering with evidence.

What did the court decide?

Applicant's bail application allowed; order to be released on personal bond with two sureties, one being a family member.

Smt. Shankuntla Sharma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103542

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10625 of 2023

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Applicant :- Smt. Shankuntla Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava,Shubham Srivastava Counsel for Opposite Party :- G.A.,Ghanshyam Pandey

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Ghanshyam Pandey, learned counsel for the complainant and Sri Mithlesh Kumar, 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.933 of 2021, under Sections 420, 506, 504, 380, 467, 468, 471, 120-B I.P.C., P.S. Naubasta, District Kanpur Nagar.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the first information report of the incident is highly delayed for which no plausible explanation has been given, which itself creates doubt on the prosecution story. No incriminating article has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant is a lady and she is entitled for the benefit under Section 437(ii) Cr.P.C. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 9.10.2022 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial.

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Learned counsel for the complainant as well as learned A.G.A. have 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 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.

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Let the applicant, Smt. Shankuntla Sharma , who is involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the

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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 :- 10.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Smt. Shankuntla Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Shankuntla Sharma v. State of U.P.

Case brief

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