Allowed

Mithlesh Singh v. State of U.P.

Allahabad HC5 Dec 2023BAIL/45663/2023

Case brief

AI extract

What is this about?

The applicant filed a bail application in a criminal trial case where she was initially a shareholder and implicated due to her spouse's death. The High Court found no reasonable apprehension of tampering or delay by the applicant and was satisfied regarding her custody period, granting bail.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Mithlesh Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:230462

¶2

Court No. - 75

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45663 of 2023

¶4

Applicant :- Mithlesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pragya Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Umesh Chandra Sharma,J.

¶6

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶7

The instant bail application has been moved on behalf of the applicant with a prayer to enlarge her on bail in Case Crime No.702 of 2017, under Sections 406, 420, 506 IPC, Police Station Farah, District Mathura, during pendency of the trial.

¶8

It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant was only a shareholder of the Kalpataru Build Tech. Corporation Pvt. Ltd. She was neither director nor agent nor any authorized signatory in the alleged company; she was implicated because of her being wife of the director of the alleged company who died on 16.04.2021. It is further contended that no active participation, direct or indirect, on the party of the applicant has been established. It is also contended that after the alleged incident several cases have been registered against the applicant for which the applicant has no concern. There is no likelihood of her abscondence or tampering with the evidence. The applicant is languishing in jail since 15.03.2023. In case the applicant is released on bail, she will not misuse the said liberty.

¶9

The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects raised by the counsel for the applicant.

¶10

Having regard to the submissions made above and the fact that the applicant has remained confined for more than eight months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on

¶11

bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶12

Let the applicant - Mithlesh Singh , involved in the aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she:

¶13

(i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses.

¶14

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶15

Order Date :- 5.12.2023 S.Verma

¶16

Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Mithlesh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mithlesh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarfaraj and Another Vs State of U.P. and 3 Others

Smt. Reeta Singh Vs State of U.P.

Mithlesh Singh Vs State of U.P.

Mithlesh Singh Vs State of U.P.

Taj Vs State of U.P.

Sonu Vs State of U.P.