Single-judge bail application held allowed. Applicant granted release on personal bond with two sureties for offences under IPC Sections 419, 420, 406, as she was not a party to the alleged transaction agreement.
Applicant released on bail on personal bond with two sureties, failing which bail may be cancelled.
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.
Neutral Citation No. - 2024:AHC-LKO:1171
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 106 of 2024
Applicant :- Rabia Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
the documents itself and no oral account with regard to the same is sustainable in the normal circumstances and therefore the allegation of receiving money of alienating more land has been carved out specifically. Moreover, the dispute is between the husband of the applicant and the informant and the applicant is not having any concern with that. She is household lady and is in jail in this case since 2.12.2023. She is not a party to any agreement or sale deed and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. She is also not having any criminal history. Charge sheet in this case has already been submitted.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
a ground for cancellation of bail.
Order Date :- 5.1.2024 Muk
Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant is entitled to bail in a cheating case where she was supposedly not a party to the agreement.
Whether the applicant is likely to tamper with evidence or flee upon release.
Whether bail conditions can secure the applicant's presence in court.
Rabia
State Of U.P.
Mohd. Faiz Alam Khan
Mohd Umar Khan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
