Mithlesh Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46200 of 2023 Applicant :- Mithlesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pragya Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The instant bail application has been moved on behalf of the applicant with a prayer to enlarge her on bail in Case Crime No.0700 of 2017, under Sections 406, 409 IPC, Police Station Farah, District Mathura, during pendency of the trial.

¶3It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant was only a shareholder of the Kalpataru Build Tech. Corporation Pvt. Ltd. She was neither director nor agent nor any authorized signatory in the alleged company; she was implicated because of her being wife of the director of the alleged company who died on 16.04.2021. It is further contended that no active participation, direct or indirect, on the party of the applicant has been established. It is also contended that after the alleged incident several cases have been registered against the applicant for which the applicant has no concern. There is no likelihood of her abscondence or tampering with the evidence. The applicant is languishing in jail since 15.03.2023. In case the applicant is released on bail, she will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects raised by the counsel for the applicant.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a fit case for bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Mithlesh Singh, involved in the aforesaid case crime be released on bail on her 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 :- 1.12.2023 Shahroz High Court of Judicature at Allahabad