Allowed

Smt Manorma Singh and Another v. State of U.P.

Allahabad HC9 Feb 2023BAIL/56988/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two accused women in a cheating and forgery case. The court found that the applicants had made out a prima facie case for bail, noting the civil dispute context and lack of anticipated misuse of liberty, despite the investigation stage.

What did the court decide?

Release of applicants on personal bond and two sureties each to the satisfaction of the court, subject to standard bail conditions.

Smt Manorma Singh and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56988 of 2022

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Applicant :- Smt Manorma Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Brij Kishor Singh,Chandra Prakash Pandey

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondents and perused the records.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 296 of 2008, registered under Sections 419, 420, 467, 468, 471 of IPC, Police StationHarraiya, District- Basti, during pendency of the trial.

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It is argued by the learned counsel for the applicants that the applicants are lady and falsely implicated in the present case. Initially, by 25.9.2008, Investigating Officer submitted final report in favour of the applicants and on protest petition filed by the informant, the court concerned vide order dated 29.04.2017 directed police concerned for further investigation. Afterthat, applicants moved anticipatory bail application before this Court bearing No. 3787 of 2020 and Hon'ble Court by order dated 29.07.2020 granted interim protection till the submission of police report.

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It is argued that it is a civil dispute pertains to a Will executed by Gaya Prasad- husband of the informant in favour of the applicants and writ petition is pending before this Hon'ble Court. Interim order is continuing. The applicants have no concern with the alleged offence. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The applicants are languishing in jail since 01.11.2022 In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicants but could not dispute the facts narrated by the applicants' counsel.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view

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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 applicants have made out a case for bail. The bail application is allowed.

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Let the applicants Smt. Manorma Singh and Smt. Leelawati, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants 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 :- 9.2.2023

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Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Smt Manorma Singh and Another v. State of U.P.

Case brief

What is this about?

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Smt Manorma Singh and Another v. State of U.P.

Case brief

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What did the court decide?

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