Smt. Anita Devi v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13288 of 2023 Applicant :- Smt. Anita Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ved Prakash Shukla,Shiv Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shiv Pal Singh, learned counsel for the applicant, Smt. Parul Kant, 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. 0055 of 2022, under Sections 419, 420, 467, 468 and 471 I.P.C., registered at Police Station Dhanepur, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.04.2022 against the applicant and one Kusum Devi, stating that the accused persons had been engaged as Anganvadi Karyakatri and Anganvadi Sahayika on the basis of fake documents and upon this fact coming to light both of them had resigned from their posts.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is an innocent woman, she has been falsely implicated in the present case and she has no criminal history.

¶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 a woman having no previous criminal history and she is languishing in jail since 26.09.2023; that having resigned from the post the applicant does not appear to be in a position to influence the witness or tamper with the evidence 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-Smt. Anita 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 :- 8.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench