The High Court enlarged the applicant, a Russian citizen, on bail in a criminal matter under the U.P. Gangsters Act, rejecting the State's opposition without commenting on the case merits, subject to standard conditions.
The applicant was released on bail upon furnishing a personal bond and two local sureties, subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52698 of 2022
Applicant :- Natalia Crivovosowa Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal,Namit Srivastava,Radha Krishan Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sudhir Kumar Agarwal, learned Senior Counsel assisted by Sri Namit Srivastava, learned counsel for the applicant, Sri Rahul Kumar Sharma, learned counsel for the informant in Case Crime No. 600 of 2020 and Sri Vikas Sahai, learned A.G.A. for the State.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 0204 of 2022, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Vrindawan, District- Mathura during the pendency of the trial.
Learned counsel for the applicant submits that the applicant is a lady and is a Russian Citizen. According to the gang chart, copy of which has been filed as annexure-1 to the affidavit, three cases are pending against the applicant. In the aforesaid cases the applicant has been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in four other cases, in which also she has been enlarged on bail. The applicant is neither leader nor member of any gang and she has been falsely implicated in the instant case. The applicant is in jail since 01.04.2022 and in case she is enlarged on bail, she will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Natalia Crivovosowa involved in aforesaid case be released on bail on her furnishing a personal bond and
two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she:
(iii) shall not pressurize the prosecution witnesses;
(iv) shall not leave India during the currency of trial without prior permission from the concerned trial Court;
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.1.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, a foreign citizen falsely implicated in gang cases, is entitled to bail.
2 provisions across 2 enactments
Natalia Crivovosowa
Vivek Varma
Aditya Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
