Asha Devi v. State of U.P. Thru. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12799 of 2023 Applicant :- Asha Devi Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Amitabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amitabh Tripathi, the learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 127 of 2023, under Sections 420/467/468/471 I.P.C., registered at Police Station Kotwali Nagar, District Raebareli.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2023 alleging that the applicant had executed a sale deed in respect of the informant's land by wrongly presenting herself to be the informant.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is illiterate innocent woman, she has been falsely implicated in the present case and she has no criminal history. It has further been stated that the applicant was made to put her thumb impression by keeping her in dark about the nature of documents and the applicant has not received any benefit out of the execution of the sale deed. The purchaser has filed an application under Section 156 (3) Cr.P.C. but the applicant has not been named as an accused in that complaint.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is an illiterate woman having no previous criminal history and she has not received any benefit out of the commission of alleged offence and she is languishing in jail since 06.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Asha Devi 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 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 :- 31.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench