Chandrakala v. State of U.P. Thru. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6327 of 2023 Applicant :- Chandrakala Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Atul Verma,Ali Moid,Anil Kumar Gautam Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Atul Verma, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 88 of 2023, under Section 222, 186, 201, 120-B, 34/511 I.P.C. and Section 7 of Prevention of Corruption Act, 42(b)/54 of Prisoners Act and 7 of Criminal Law (Amendment) Act, registered at Police Station Kotwali Nagar, District Chitrakoot.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

11.02.2023 against six named persons, not including the applicant, and some unnamed employees of District Jail, Chitrakoot, alleging that one of the named co-accused persons Nikhat Bano used to frequently visit the district jail to meet her husband-Abbas Ansari (co-accused), without any permission and without any check in.

¶4The applicant has been implicated in the present case during investigation as she was posted as the Deputy Jailer and she was assigned the duties to regulate meetings of the visitors with inmates of the prison.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is a women having no previous criminal history and she is languishing in jail since 27.02.2023.

¶6The learned counsel for the applicant has submitted that six of the co-accused persons have already been granted bail in the present case, including the co-accused Ashok Kumar Sagar, who was posted as Superintendent of Jail and Santosh Kumar, who was posted as the Jailer. Co-accused Nikhant Bano has been granted bail by means of an order dated 11.08.2023 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 8667 of 2023.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case, as six co-accused persons including the Jail superintendent, the jailer and the person who used to visit the jail without permission and check in, have already been granted bail, coupled with the fact that the applicant is a women having no criminal history and she is languishing in jail since 27.02.2023 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Chandrakala be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 16.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench