Mamta v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43123 of 2023 Applicant :- Mamta Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pathak Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 211 of 2022, under Sections 363, 366, 370, 371 I.P.C., P.S.- Dibiyapur, District-Auraiya during pendency of the trial.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim had left her house voluntarily. It is further contended that it is highly improbable that the victim would stay at the house of the applicant, which is about 10 kms from the house of the informant for a period of ten months without raising any protest. In fact, the victim was in relationship with co-accused Dheeru, the applicant being aunt of the co-accused Dheeru, has been implicated. The applicant is a lady and is in jail since 17.07.2023 having no criminal history and in case she is enlarged on bail, she will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that at present there is no substantive evidence against the applicant. The applicant is a lady having no criminal antecedents. Further the applicant has remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence 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.

¶6Let the applicant, Mamta involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In 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 :- 26.10.2023 Nitika Sri. High Court of Judicature at Allahabad