Heera v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48649 of 2023 Applicant :- Heera Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Copy of the sale deed has been produced by the learned AGA, the same is taken on record.

¶2Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record.

¶3The 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. 531 of 2022, under Sections 419, 420, 467, 468, 471, 120-B, 506 I.P.C., Police Station-Kurawali, District-Mainpuri during pendency of the trial.

¶4Counsel for the applicant submits that the applicant is a lady and has been falsely implicated in the instant case. The applicant is one of the purchasers of the disputed land. The applicant has also paid the sale consideration to the seller. The applicant herself has been duped. The applicant does not have any criminal history. The applicant is in jail since 19.7.2023. In case she is enlarged on bail, she will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant is one of the purchasers of the disputed land. The applicant has paid the sale consideration to the seller. At this stage there is no substantive evidence against the applicant. The applicant has no criminal antecedents. Further the applicant is a lady and has presently remained confined for more than four 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.

¶7Let the applicant, Heera involved in the aforesaid case be released on bail on her 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 tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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 S.S. High Court of Judicature at Allahabad