Smt Reeta Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49167 of 2023 Applicant :- Smt Reeta Singh Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava,Deepak Kumar Singh 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.22 of 2018, under Sections 406, 409, 420, 467, 468, 471, 120-B 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 is not named in the FIR. The applicant has been implicated in this case because she happens to be the sister-in-law of the owner of the company. It is also contended that with regard to the alleged incident no evidence could be collected against the applicant. It is further contended that no active participation, direct or indirect, on the part of the applicant has been established. It is also contended that several F.I.Rs. have been lodged against the applicant regarding the similar allegation in which she has been granted bail by this Court. There is no likelihood of her abscondence or tampering with the evidence. The applicant is languishing in jail since 11.01.2023. 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 - Smt. Reeta 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 :- 12.12.2023 S.Verma High Court of Judicature at Allahabad