Pooja Sharma v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6673 of 2023 Applicant :- Pooja Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satyendra Singh,Saima Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms.Jyoti Sharma holding brief of Ms Saima Khan, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 320 of 2022, under Section 323, 506, 386 I.P.C., registered at Police Station Gajipur, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 26.06.2022 against the applicant and her husband, alleging that the applicant, Pooja had called the informant to her house on the pretext of delivering some medicines to her home and when the informant reached there, the applicant's husband forcibly stared preparing an obscene video of the informant and demanded Rs. 50,000/- cash and Rs. 10 lakhs through cheque. The informant took her husband to his shop at Indira Nagar and gave the cash and cheque.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5It has further been stated in the affidavit that the applicant has filed a Complaint no. 7842 of 2022, under Section 138 of Negotiable Instrument Act in a Additional Court No. 4, Lucknow against the informant complaining about dishonor of a cheque or Rs. 10 lakhs given by him in which a summoning order was passed, regarding which a notice was issued under Section 138 of Negotiable Instrument Act was served upon the informant on 09.06.2022 and the F.I.R has been lodged thereafter on false allegations.

¶6Co-accused, Satyendra Kumar Sharma has been granted bail by means of the order dated 09.11.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.13392 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 and without making any observations 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.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Pooja Sharma 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 :- 21.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench