Priti v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47754 of 2023 Applicant :- Priti Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Patel Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The 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. 550 of 2022 under Sections 384, 392 I.P.C., Police Station-Civil Lines, District-Rampur, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is is a lady and not named in the F.I.R. The name of the applicant surfaced in the confessional statement of the co-accused Deepak Kashyap. Neither any specific role has been assigned to the applicant nor any recovery has been made from the applicant. It is next contended that the co-accused Deepak Kashyap and Omkar, who were named in the F.I.R. have been granted bail by this court in Criminal Misc. Bail Application Nos. 5208 of 2023 and 13410 of 2023, vide orders dated 15.2.2023 and 27.3.2023 respectively. The applicant claims parity. The applicant is in jail since 28.08.2023, having no criminal history. 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 submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on 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.

¶6Let the applicant-Priti, involved in aforesaid case be released on bail on his 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:

(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.

¶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 :- 29.11.2023 S.Verma High Court of Judicature at Allahabad