Smt Priya Devi @ Riya v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44310 of 2023 Applicant :- Smt Priya Devi @ Riya Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant as well as 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. 494 of 2022 under Sections 420, 494, 506 & 120-B I.P.C., Police Station-Shikohabad, District-Firozabad, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The F.I.R. has been lodged on the wrong facts. As a matter of fact, the applicant's husband is in jail at Himanchal Pradesh and she came into contact with the informant who tried to get her indulged in illegal activities for which the applicant was not ready, therefore, the present F.I.R. has been lodged against the applicant. The informant was knowing that the applicant was married and had two children from her husband. She has not cheated on the informant. It is lastly contended that being a lady the applicant is entitled to proviso of Section 437 Cr.P.C. The applicant is in jail since 17.07.2022, having no criminal history. In case she is enlarged on bail, she will not misuse the said liberty.

¶4Learned counsel for the informant and learned A.G.A. have 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 two months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so 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-Smt Priya Devi @ Riya, involved in aforesaid case 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;

(iv) shall appear before the concerned S.H.O. on any day of the first week of every month till the further order of 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 :- 2.12.2023 S.Verma High Court of Judicature at Allahabad